Reports of Cases Decided in the Court of Common Pleas of Upper Canada, Volume 30H. Rowsell, 1880 - Law reports, digests, etc |
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Page 206
... composition with his creditors , one half of which was to be secured by the bond of the defendant , which composition was accepted by the creditors , and such bond was thereupon given by the defendant to the plaintiff , which is the ...
... composition with his creditors , one half of which was to be secured by the bond of the defendant , which composition was accepted by the creditors , and such bond was thereupon given by the defendant to the plaintiff , which is the ...
Page 207
... composition agreed to be paid by McCullagh to his credi- tors , and the breach alleged is the non - payment of the composition in respect of the claim of Samuel White . The defendant contends that Samuel White is not a creditor of the ...
... composition agreed to be paid by McCullagh to his credi- tors , and the breach alleged is the non - payment of the composition in respect of the claim of Samuel White . The defendant contends that Samuel White is not a creditor of the ...
Page 279
... composition and discharge - Proof of claim - Valuing security - Fraud . The plaintiffs were creditors of the defendants , insolvents , for $ 10,800 , and not having proved , T .. who was security for plaintiffs , without having paid the ...
... composition and discharge - Proof of claim - Valuing security - Fraud . The plaintiffs were creditors of the defendants , insolvents , for $ 10,800 , and not having proved , T .. who was security for plaintiffs , without having paid the ...
Page 280
... composition , after deducting the value of their security : that no demand of the notes was necessary , it being defendants ' duty to give them ; nor , in case of composition , for plaintiffs to have proved their claim that what was ...
... composition , after deducting the value of their security : that no demand of the notes was necessary , it being defendants ' duty to give them ; nor , in case of composition , for plaintiffs to have proved their claim that what was ...
Page 281
... composition and discharge was duly entered into and executed by a majority in number of the defendants ' creditors who had respec- tively proved claims against the estate of the defendants to the amount of $ 100 and upwards , and who ...
... composition and discharge was duly entered into and executed by a majority in number of the defendants ' creditors who had respec- tively proved claims against the estate of the defendants to the amount of $ 100 and upwards , and who ...
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Common terms and phrases
action affidavit alleged amount appears application arbitrator assignee audit auditors award bank Bank of Montreal by-law charge cheque claim common assault composition and discharge condition Corporation corrupt bargain Court creditors damages dants debentures debt declaration deed of composition default defendant's defendants Dickson East Hawkesbury entered entitled execution fact fee simple fraud GALT George Tudhope given Grant held insolvents insured issue John Kilpatrick judgment jury land learned Judge liability losses McCrimmon ment mortgage notice obtained a rule opinion OSLER paid parties partnership payment person plaintiff plea pleaded possession premium notes promissory notes proved question R. S. O. ch R. W. Co re-insurance reason receipt recover referred Regina road Royal Canadian Bank seizure shewed cause shewn statute surety term thereof tiffs tion township trial Tudhope's verdict void WILSON XXX C.P.
Popular passages
Page 97 - No person holding stock in any such company, as executor, administrator, guardian or trustee, and no person holding such stock as collateral security, shall be personally subject to any liability as stockholder of such company...
Page 566 - ... such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor, in any action or other proceeding, at law or in equity, in order to obtain from the principal debtor...
Page 381 - If a stranger begins to build on my land supposing it to be his own, and I, perceiving his mistake, abstain from setting him right, and leave him to persevere in his error, a Court of equity will not allow me afterwards to assert my title to the land on which he had expended money on the supposition that the land was his own.
Page 313 - The true rule in my opinion is, that if there is any agreement between the principals with reference to the contract guaranteed, the surety ought to be consulted, and that if he has not consented to the alteration, although in cases where it is without inquiry evident that the alteration is unsubstantial, or that it cannot be otherwise than beneficial to the surety, the surety may not be discharged; yet, that if...
Page 236 - A man may transfer his property without valuable consideration in one of two ways: he may either do such acts as amount in law to a conveyance or assignment of the property and thus completely divest himself of the legal ownership in which case the person who by those acts acquires the property takes it beneficially or on trust...
Page 98 - Every such executor, administrator, guardian or trustee shall represent the share of stock in his hands at all meetings of the company, and may vote accordingly as a stockholder; and every person who shall pledge his stock as aforesaid, may nevertheless represent the same at all such meetings, and may vote accordingly as a stockholder.
Page 250 - We have no doubt that, in all offences which involve damages to an injured party for which he may maintain an action, it is competent for him, notwithstanding they are also of a public nature, to compromise or settle his private damage in any way he may think fit.
Page 399 - Guthrie, obtained a rule calling on the defendant to shew cause why the verdict should not be set aside and a verdict entered for the plaintiff...
Page 322 - Serjt., moved for a rule calling upon the plaintiff to shew cause why the verdict should not be set aside and a new trial had...
Page 471 - Hill, in the present term, obtained a rule to shew cause why the verdict should not be set aside and a verdict entered for the defendant, or a new trial had...