Reports of Cases Decided in the Court of Common Pleas of Upper Canada, 第 24 卷



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第 40 頁 - From the inclination of the court on this last case, and from the concluding part of Lord Kenyon's judgment in Merryweather v. Nixan, and from reason, justice, and sound policy, the rule that wrong-doers cannot have redress or contribution against each other is confined to cases where the person seeking redress must be presumed to have known that he was doing an unlawful act.
第 51 頁 - That if any Person shall knowingly send or deliver any Letter or Writing, demanding of any Person, with Menaces, and without any reasonable or probable Cause, any Chattel, Money, or valuable Security...
第 525 頁 - A warranty is an express or implied statement of something which the party undertakes shall be part of a contract ; and, though part of the contract, yet collateral to the express object of it.
第 200 頁 - ... on behalf of the Company, by any agent, officer or servant of the Company, in general accordance with his powers as such under the by-laws of the Company, shall be binding upon the Company; and in no case shall it be necessary to have the seal of the Company affixed...
第 504 頁 - Under this Act an action may be brought in a circuit court of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action.
第 460 頁 - Whether any corrupt practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at such election, and the nature of such corrupt practice...
第 561 頁 - There is a distinction between easements such as a right of way, or easements used from time to time, and easements of necessity, or continuous easements. The cases recognise this distinction, and it is clear law that upon a severance of tenements easements used as of necessity, or in their nature continuous, will pass by implication of law, without any words of grant...
第 447 頁 - I apprehend that when a party having knowledge of such facts as would lead any honest man, using ordinary caution, to make further inquiries, does not make, but, on the contrary, studiously avoids making such obvious inquiries, he must be taken to have notice of those facts which, if he had used such ordinary diligence, he would readily have ascertained.
第 295 頁 - In all cases of motions for a new trial upon the ground that the judge has not ruled according to law, if the rule to show cause be refused, or if granted be then discharged or made absolute, the party decided against may appeal...
第 258 頁 - Viet. c. 97), which provides that " every person, who being surety for the debt or duty of another, or being liable with another for any debt or duty shall pay such debt or perform such duty, shall be entitled to have assigned to him or to a trustee for him every judgment, specialty or other security which shall be held by the creditor...