Ontario Weekly Reporter and Index-digest, Volume 10Carswell Company, 1907 - Law reports, digests, etc |
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Common terms and phrases
action affidavit agreed agreement alleged amount ANGLIN Appeal by defendants application assignment bank BRITTON by-law Canadian Pacific Canadian Pacific Railway charge contended contract conveyance counsel County creditors damages deceased declaration defendant defendant's dismissed with costs Divisional Court Dominion Chair Company Donald Crawford effect entitled evidence executed executors fact FALCONBRIDGE favour fendants fraud GARROW given Grand Trunk Railway ground habeas corpus interest issue JJ.A John McMartin judgment June jurisdiction jury land lease liability MABEE MACLAREN matter ment MEREDITH mining mortgage motion negligence November October officer Ontario opinion OSLER paid parties payment person plain plaintiff proceedings provides purchase money Quebec Bank question Railway Company reason received referred RIDDELL Rule sell shew shewn solicitor statement of claim statute TEETZEL testator Thomas Crawford tiff tion Toronto trial Judge trust Vict wife writ Yonge street
Popular passages
Page 735 - ... of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Page 805 - ... for the purpose of any money or valuable thing being received by or on behalf of...
Page 636 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Page 540 - Provided that, where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor.
Page 856 - Provided that nothing herein contained shall deprive an executor, administrator, trustee, or mortgagee who has not unreasonably instituted or carried on or resisted any proceedings, of any right to costs out of a particular estate or fund to which he would be entitled according to the rules hitherto acted upon in the Chancery Division...
Page 636 - When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise...
Page 1123 - I mention that because it is important to express my view that, in cases of this sort, where the question 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 98 - I take the law of this Court to be well settled, that, in order to render a voluntary settlement valid and effectual, the settlor must have done everything which, according to the nature of the property comprised in the settlement, was necessary to be done in order to transfer the property and render the settlement binding upon him.
Page 930 - If any difference arises as to the value of the property insured, of the property saved, or amount of the loss, such value and amount and the proportion thereof (if any) to be paid by the company, shall, whether the right to recover on the policy is disputed or not, and independently of all other questions, be submitted to the arbitration of some person to be chosen by both parties...
Page 799 - It is an elementary rule of construction that effect must be given, if possible, to every word, clause and sentence of a statute.