Analytical Digest of the Decisions of the Supreme Court of Judicature of the Province of New Brunswick, Band 1

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Carswell, 1880
 

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Seite 839 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of £30, the defendant promised that it was sound and free from vice.
Seite 935 - ... 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.
Seite 111 - ... might, after having offered to return the bar, maintain an action for money had and received against the defendant for the price thus paid to him under a mistake. There, also, the plaintiffs might, by inquiry, have ascertained the exact quantity of the silver before they paid the money over to the defendant. The principle upon which all these cases have been decided, has, in truth, nothing to do with the fact of the...
Seite 202 - E., obtained an allotment there in right of his estate : it was held, that the judge was right in leaving it to the jury to say whether the evidence was referable to an exercise of the right in E. and a mistake in the boundary, or to an exercise of the right in W.(r).
Seite 851 - Thus, in an action by the indorsee against the maker of a promissory note, the defense insisted on was, that the note had been given for hits against the defendant in a lottery insurance.
Seite 251 - ... to make an assignment of his estate and effects for the benefit of his creditors.
Seite 1117 - Minister to fish in fresh water non-tidal rivers, which are not the property of the Dominion, or in which the soil is not in the Dominion, is illegal ; that where the exclusive right to fish has been acquired as incident to a grant of land through which such river flows the Canadian Parliament has no power to grant a right to fish.
Seite 625 - ... shall be fixed by resolution at the time the appointment is made, subject to alteration in the discretion of the board ; and a warrant shall be drawn for the same according to law, on the Treasurer, as the same shall fall due, provided there are funds in the treasury to pay the same. Salaries shall be payable quarterly, on the first days of April, July, October and January, of each year.
Seite 695 - Hewetson (a), which was an action by the assignee of a lease against the lessor on a covenant...
Seite 1092 - All the rest, residue, and remainder of my real and personal estate and effects whatsoever and wheresoever...

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