Cases Argued and Determined in the Supreme Court of Nova Scotia 1877-1879, Volume 3A. & W. Mackinlay, 1880 - 610 pages |
From inside the book
Results 1-5 of 62
Page 25
... fraud on his part , and having adopted and acted upon it , was entitled to the amount awarded by the jury . Quære , whether , the Court being equally divided , there could be any judgment . * SIR WM . YOUNG , C. J. , now , ( Dec. 11th ...
... fraud on his part , and having adopted and acted upon it , was entitled to the amount awarded by the jury . Quære , whether , the Court being equally divided , there could be any judgment . * SIR WM . YOUNG , C. J. , now , ( Dec. 11th ...
Page 27
... fraud on his part , and he afterwards acted on the proposal in good faith . The agent , instead of carrying out the instruc- tions of the Board to pay the plaintiff as agreed upon , undertook , without any authority whatever , to add to ...
... fraud on his part , and he afterwards acted on the proposal in good faith . The agent , instead of carrying out the instruc- tions of the Board to pay the plaintiff as agreed upon , undertook , without any authority whatever , to add to ...
Page 28
... fraud , and with perfect honesty . If a disclosure of those contents was improperly made by any subordinate ser- vant in the office , that is perfectly immaterial , as regards the plaintiff , or as regards the effect of the letter as ...
... fraud , and with perfect honesty . If a disclosure of those contents was improperly made by any subordinate ser- vant in the office , that is perfectly immaterial , as regards the plaintiff , or as regards the effect of the letter as ...
Page 40
... fraud and fraudulent preferences , within the meaning of the Act , in giving judgments to particular creditors ... Fraud and Mistake , 282 ; 3 L. R. Eq . , 463 . The test of what constitutes a proper set of books is that it will ...
... fraud and fraudulent preferences , within the meaning of the Act , in giving judgments to particular creditors ... Fraud and Mistake , 282 ; 3 L. R. Eq . , 463 . The test of what constitutes a proper set of books is that it will ...
Page 41
... fraud . A fraudulent preference is one made with the intent to give a preference , in contemplation , either by the debtor or creditors , of bankruptcy . There is no proof here of anything of that kind . The insolvent denies that these ...
... fraud . A fraudulent preference is one made with the intent to give a preference , in contemplation , either by the debtor or creditors , of bankruptcy . There is no proof here of anything of that kind . The insolvent denies that these ...
Common terms and phrases
action affidavit agreement Allan F alleged amount appeal application argument assessment assignee authority Beamish bill of sale bond British North America cause certiorari cited City of Halifax claim Company contended costs County Court creditors decision declaration defendant defendant's delivered the judgment DESBARRES discharge Dominion dyke endorsed entitled Equity estoppel evidence execution executor fact fraud given ground Halifax held Insolvent Act issued jurisdiction jury Kaulback land learned Judge Legislature liability MCDONALD ment mortgage Muir notice Nova Scotia objection opinion paid Parliament Parliament of Canada parties payment petition Pictou plaintiff plea pleaded possession proceedings promissory note Province question railway referred replevin Rigby rule nisi says sewer Sheriff shew SIR WILLIAM YOUNG Starratt statute sufficient Supreme Court taken testator tion trial trustees verdict Western Counties Railway William Muir Windsor branch witnesses writ
Popular passages
Page 401 - Such works as, although wholly situate within the Province, are before or after their execution declared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the Provinces.
Page 134 - The rule of law is clear that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 410 - Local Works and Undertakings other than such as are of the following Classes: — a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province...
Page 20 - ... as by the known usage of trade or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 68 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 313 - ... aliened, conveyed, and confirmed, and by these presents do give, grant, bargain, sell...
Page 237 - ... made, in a book or books to be kept by the directors for that purpose...
Page 440 - ... for the sake of peace and quiet, or of escaping from distress of mind or social discomfort, — these, if carried to a degree in which the free play of the testator's judgment, discretion, or wishes is overborne, will constitute undue influence, though no force is either used or threatened. In a word, a testator may be led, but not driven; and his will must be the offspring of his own volition, and not the record of some one else's.
Page 156 - If the INTEREST of the assured in the property be any other than the entire, unconditional and sole ownership of the property for the use and benefit of the assured ; Or...
Page 567 - An Election Petition under this Act shall be served as nearly as may be in the Manner in which a Writ or Summons is served or in such other Manner as may be prescribed.