The Ontario Reports: Containing Reports of Cases Decided in the Queen's Bench and Chancery Divisions of the High Court of Justice for Ontario, Volume 2Rowsell & Hutchison, 1883 - Law reports, digests, etc Reports of cases decided in the Queen's Bench and Chancery Divisions of the High Court of Justice. |
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acres action agent agreed agreement alleged amount Andrew Faulds appears application arbitration assets assignment bill by-law Campbell Canada Temperance Act CHANCERY DIVISION charge claim contract conveyance conviction costs County Court covenant Credit Valley Railway creditors damages dant deed defendant defendant's delivered delivery discharge election entitled evidence execution fact Fire fraud Grand Trunk Railway ground HAGARTY Held husband insolvency interest issued judgment jurisdiction jury land learned Judge lease liable matter ment mortgage mortgagor municipality notice Osler owner paid parties patent payment person plaintiff possession premium proceedings purchase money purser QUEEN'S BENCH QUEEN'S BENCH DIVISION question R. S. O. ch Railway Company re-insurance reasonable recover referred refused shew solicitor statement of claim statute Statute of Frauds sub-sec suit thereof tiff tion Toronto township trial trust ultra vires Vict void warrant
Popular passages
Page 96 - ... this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Page 512 - Provided always, that nothing herein contained shall extend to any case where the party trespassing acted under a fair and reasonable supposition that he had a right to do the act complained of...
Page 546 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit...
Page 576 - Martin, supra, we decided that, "if a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, ST is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent...
Page 123 - The administration of justice in the Province, including the constitution, maintenance, and organization of provincial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts.
Page 391 - Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.
Page 514 - But an objection that the Judge has erroneously found a fact which, though essential to the validity of his order, he was competent to try, assumes that, having general jurisdiction over the subject-matter, he properly entered upon the inquiry, but miscarried in the course of it.
Page 5 - In cases of this sort, where the quese"? ej tion is whether the one party is set free by the action of the other, the real matter for consideration is whether the acts or conduct of the one do or do not amount to an intimation of an intention to abandon and altogether to refuse performance of the contract.
Page 97 - Whenever this Company shall pay the mortgagee (or trustee) any sum for loss or damage under this Policy and shall claim that, as to the mortgagor or owner, no liability therefor existed, this Company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made...
Page 547 - In all these cases it may be said, as it was said here, that the master had not authorized the act. It is true he has not authorized the particular act, but he has put the agent in his place to do that class of acts, and he must be answerable for the manner in which that agent has conducted himself in doing the business which it was the act of his master to place him in.