The Ontario Reports: Containing Reports of Cases Decided in the Queen's Bench and Chancery Division of the High Court of Justice for Ontario, Volume 6Rowsell & Hutchison, 1885 - Law reports, digests, etc |
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Common terms and phrases
acres action affidavit agent agreement alleged amount appears apply arbitrators assets assignment award Bank Bank of Montreal Beatty Brantford broker by-law CHANCERY DIVISION chattels contract Corporation costs council Court Court of Equity creditors damages debt deed default defendant defendant's Delahey effect entitled equity evidence execution executors fact Farley fee simple fraud given Grand Trunk Railway Held injunction insolvent Insurance intention interest interpleader issue judgment jury land learned Judge liable lien mandamus matter ment mortgage municipality notice Ontario opinion owner paid parties partner partnership patent payment person plaintiff possession Proudfoot purchase question R. S. O. ch railway referred reissue road Robinson & Co sell shareholders shares sheriff shew shewn sold solicitors statement of claim statute testator thereof tion Toronto township trustee ultra vires writ
Popular passages
Page 142 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...
Page 648 - Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail.
Page 137 - ... printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two are absolutely repugnant, the latter must be so far disregarded.
Page 416 - ... majority except at a meeting held at a time and place of which the other arbitrator has had at least two clear days...
Page 45 - But it must be remembered that the claim of a specific device or combination, and an omission to claim other devices or combinations apparent on the face of the patent, are, in law, a dedication to the public of that which is not claimed.
Page 95 - But an act which though in truth done in pursuance of a contract, admits of explanation without supposing a contract, is not in general admitted to constitute an act of part performance taking the case out of the Statute of Frauds ; as for example, the payment of a sum of money alleged to be purchase-money.
Page 5 - ... all persons claiming under him, whose rights are acquired after the work in respect of which the lien is claimed, is commenced, or the materials or machinery furnished have been commenced to be furnished.
Page 308 - Harbottle, should always be adhered to; that is to say, that nothing connected with internal disputes between shareholders is to be made the subject of a bill by some one shareholder on behalf of himself and others, unless there be something illegal, oppressive or fraudulent; unless there is something ultra vires on the part of the company qua company, or on the part of the majority of the company, so that they are not fit persons to determine it, but that every litigation must be in the name of...
Page 50 - That whenever any patent which has heretofore been granted, or which shall hereafter be granted, shall be inoperative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification as his own invention, more than he had, or shall have, a right to claim as new...
Page 216 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part, yet the defendant did not pay the plaintiff the remainder of the said purchase-money as aforesaid on his part.