Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick: With Tables of the Names of Cases Decided and Names of the Cases Cited and a Digest of the Principal Matters, Volume 28Carswell, 1891 - Law reports, digests, etc |
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Common terms and phrases
action affidavit agent agreement Albert Edward Kemp alleged Allen amount answer appear application asphalt attorney bail piece Baird bill Canada Temperance Act cause certiorari charter party CITY OF SAINT claim contempt contributory contributory negligence conviction costs counsel County Court days after judgment declaration defendant defendant's delivered demurrer discharged entitled evidence fact filed Fraser freight George F GEROW given ground guano held holders interrogatories Isaac Burpee JOHN BUILD judgment jurisdiction jury Justice Tuck Kemp King land learned Judge lease letter liable matter McDonald ment mortgage N. B. Rep negligence nisi non-suit notice of abandonment objection offence owners paid Palmer party payment person plaintiff port possession proceedings question recognizance referred refused repaired rule Saint John says schooner shareholder Sheriff ship sidewalk society Stat statute suit tion total loss trial trover Valparaiso Vaughan verdict vessel Wetmore writ
Popular passages
Page 30 - ... the place at which the service has terminated, or at which the seaman or apprentice has been discharged, or at which any person upon whom the claim is made is or resides...
Page 116 - An agent may undoubtedly, within the scope of his authority, bind his principal by his agreement and in many cases by his acts. What the agent has said may be what constitutes the agreement of the principal, or the representations or statements made may be the foundation of, or the inducement to, the agreement ; therefore, if writing is not necessary by law, evidence must be admitted to prove the agent did make that statement or representation.
Page 199 - ... a corporation of one state, not forbidden by the law of its being, may exercise within any other state the general powers conferred by its own charter, unless it is prohibited from so doing, either in the direct enactments of the latter state, or by its public policy, to be deduced from the general course of legislation, or from the settled adjudications of its highest court.
Page 64 - ... in such a state as to entitle him to no more than a partial loss. If, in the event, the loss should become absolute, the underwriter is not the less liable upon his contract, because the insured has used his own exertions to preserve the thing assured, or has postponed his claim till that event of a total loss has become certain which was uncertain before.
Page 116 - where the acts of the agent will bind the principal, there his representations, declarations, and admissions respecting the subject-matter will also bind him, if made at the same time, and constituting part of the res gestae.
Page 210 - From the authorities in our law, to which may be added the opinion of the late Lord Chief Justice Tindal in Ormerod v. Huth, 14 M. & W. 664, it would seem that there is no implied warranty of title on the sale of goods, and that if there be no fraud a vendor is not liable for a bad title, unless there is an express warranty, or an equivalent to it, by declarations or conduct ; and the question in each case, where there is no warranty in express terms, will be, whether there are such circumstances...
Page 603 - ... per month for each share, a stock or fund for the purpose of enabling each member thereof to receive out of the funds of such Society the amount or value of his or her share or shares therein, to erect or purchase one or more...
Page 320 - ... of any or either of them, shall be delivered to the plaintiff's attorney or agent, and the sheriff or other person responsible for the custody of debtors in such county gaol, shall, on such render so perfected, be duly charged with the custody of such defendant, and the said bail shall be thereupon wholly exonerated.
Page 518 - Our law of libel has, in many respects only gradually developed itself into anything like a satisfactory and settled form. The full liberty of public writers to comment on the conduct and motives of public men has only in very recent times been recognized.
Page 519 - But in matters that arise at a distance, and of which the court cannot have so perfect a knowledge, unless by the confession of the party or the testimony of others, if the judges upon affidavit see sufficient ground to suspect that a contempt has been committed, they either make a rule on the suspected party to show cause why an attachment should not issue against him, or in very flagrant instances of contempt the attachment issues in the first instance, as it also does if no sufficient cause be...