Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia ..., 17권Carswell Company, Limited, 1885 |
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action admitted affidavit agent alleged amount appeal apply appointed argument assignment authority award Bank of British bankruptcy barratry bill of sale British North America Canada Canada Temperance Act cause cited City of Halifax claim contract corporation costs counsel Courts of Equity creditors Davidson debt decided decision deed defendant defendant's delivered judgment demurrer entitled Equity estoppel evidence execution fact fraud grant ground Halifax held injunction insolvency intended interest issued judgment as follows jurisdiction jury Kenny land learned Judge legislature liable liquidator March 31st matter MCDONALD Moir Morrison mortgage necessary notice Nova Scotia opinion owner Parliament of Canada parties payment plaintiff plea pleaded possession premises provisions question recover reference RIGBY rule nisi says Shipping Act sufficient taken THOMPSON township trial trustees verdict vessel WEATHERBE winding up order winding-up words writ writ of summons Yarmouth
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324 페이지 - 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.
92 페이지 - ... devised and contrived of malice, fraud, covin, collusion, or guile, to the end, purpose, and intent to delay, hinder, or defraud creditors and others of their just and lawful actions...
239 페이지 - If any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels, whereof he was reputed owner...
501 페이지 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words ; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
333 페이지 - State, in regard to simple contracts, that "a person who is not a party to a simple contract, and from whom no consideration moves, cannot sue on the contract, and consequently that a promise made by one person to another, for the benefit of a third person who is a stranger to the consideration, will not support an action by the latter.
501 페이지 - ... the same rule of construction which applies to all other instruments, applies equally to this instrument of a policy of insurance, viz.<, that it is to be construed according to its sense and meaning, as collected in the first place from the terms used in it, which terms are themselves to be understood in their plain, ordinary, and popular sense...
393 페이지 - British court elsewhere having jurisdiction in bankruptcy or insolvency, and the officers of those courts respectively, shall severally act in aid of and be auxiliary to each other in all matters of bankruptcy, and an order of the court seeking aid, with a request to another of the said courts, shall be deemed sufficient to enable the latter court to exercise, in regard to the matters directed by the order, such jurisdiction as either...
2 페이지 - ... and all costs and charges of the said distress [and of the commitment and conveying of the said AB to the said house of correction], shall be sooner paid.
502 페이지 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formality adapted equally to their case and that of all other contracting parties upon similar occasions and subjects.
409 페이지 - In the margin of every demurrer, before it is signed by counsel, some matter of law intended to be argued shall be stated ; and if any demurrer shall be delivered without such statement, or with a frivolous statement, it may be set aside as irregular by the Court or a Judge, and leave may be given to sign judgment as for want of a plea.