The Ontario Weekly Notes: Cases Determined in the Court of Appeal and in the High Court of Justice for Ontario, Volume 1Carswell, 1910 - Law reports, digests, etc |
Contents
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Common terms and phrases
action agreed agreement alleged amount Appeal dismissed appeal was heard application Bank Bank of Montreal BOYD Brantford BRITTON by-law Cadham Canadian Pacific R. W. charge City of Toronto CLUTE contract corporation council County Court damages deceased DECEMBER defendant's defendants dismissed with costs Divisional Court entitled evidence executors fact FALCONBRIDGE favour fendant GARROW Grand Trunk R. W. heard by Moss Imperial Trusts Insurance interest JJ.A judgment jury land LAREN LATCHFORD liability MACLAREN MACMAHON Master in Chambers ment MEREDITH Mining mortgage motion MULOCK Municipal negligence Ontario opinion OSLER Owen Sound paid parties payment person plaintiff purchase question Railway reason recover referred Regina RIDDELL Rule security for costs shares shew Smith statement of claim statute sub-sec TEETZEL testator tiff tion Toronto R. W. town Township TOWNSHIP OF MARCH trial Judge trust
Popular passages
Page 770 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 411 - By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway...
Page 1011 - When it is not expressly stated to be subject to a formal contract it becomes a question of construction, whether the parties intended that the terms agreed on should merely be put into form, or whether they should be subject to a new agreement the terms of which are not expressed in detail.
Page 45 - ... on behalf of the Company, by any agent, officer or servant of the Company, in general accordance with his powers as such under the by-laws of the Company, shall be binding upon the Company; and in no case shall it be necessary to have the seal of the Company affixed...
Page 88 - ... or from any cause whatever, unless, in every case, the same be proved to have occurred from the fraud or gross negligence of said Express Company or their servants...
Page 570 - ... of court in relation thereto, be exercised by a judge of such court sitting in chambers, and as well in vacation as in term time.
Page 249 - ... to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally...
Page 196 - It is not the recovery, but the matter alleged by the party, and upon which the recovery proceeds, which creates the estoppel^ The recovery of itself in an action of trespass is only a bar to the future recovery of damages for the same injury ; but the estoppel precludes parties and privies from contending to the contrary of that point or matter of fact, which, having been once distinctly put in issue by them, or by those to whom...
Page 355 - But an exception is made to the second rule, where the persons against whom the relief is sought themselves hold and control the majority of the shares in the company, and will not permit an action to be brought in the name of the company.
Page 685 - ... for trial on a charge of being guilty of any such offence, such person may, with his own consent, be tried before such magistrate...