 the appellant. But the correspondence which has been produced reveals to us that the company had requested the respondent to bind himself to ship 3,500 cars and he positively refused to undertake such an obligation. This third point is therefore ill-founded....  Canadian Railway and Transport Cases - Side 3001915Uten tilgangsbegrensning - Om denne boken
 | Canada law reports - 1880 - 748 sider
...ought therefore to have been at least a party to the cause and in my judgment the sole party. I am of opinion that the appeal should be dismissed with costs. Appeal dismissed with costs. Solicitor for appellants: WI Stanton. Solicitor for respondents: Sidney Smith. CONTROVERTED... | |
 | Great Britain. Privy Council. Judicial Committee, Canada. Supreme Court - 1882 - 934 sider
...regulating precedence, are, for the reasons above given, null and void, and for this reason I am of opinion that the appeal should be dismissed with costs. Appeal dismissed with costs. JUDGMENTS IN SUPREME COURT OF NOVA SCOTIA.* YOUNG, CJ :t — Several members of the Bar of this... | |
 | Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1886 - 846 sider
...of the said ties, and the plaintiff received payment therefor from said railway company." We are of opinion that the appeal should be dismissed, with costs. Appeal dismissed, with costs. LONG ET AL. v. HANCOCK. {insolvent debtor—Frautliilenl preference—R. •$. 0. ch. 118. The... | |
 | Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - 1909 - 782 sider
...opinion, there is no valid objection to the judgment on this ground. For the reasons I have stated I am of the opinion that the appeal should be dismissed with costs. BECK, J., concurred. STUART, J.:—In this case I have the misfortune to disagree. The case,... | |
 | Walter Edwin Lear - 1912 - 570 sider
...and provided for in, the Act of 1881 and the schedules thereto annexed." For all the above reasons I am of the opinion that the appeal should be dismissed with costs. MORRISON, J., concurred with MARTIN, J. (Decided ijth April, 1905.) Appeal dismissed. Argument... | |
 | Charles Morse, Edward Betley Brown, Walter Edwin Lear - 1913 - 636 sider
...not feel obliged under the law to defeat an honest claim by pemitting this course to be successful. I am of the opinion that the appeal should be dismissed with costs. Appeal dismissed. NOVA SCOTIA. SUPREME COURT. FULL COURT. MARCH SRD, 1912. CHESLEY v. BENXEB... | |
 | Charles Morse, Walter Edwin Lear, Edward Betley Brown - 1913 - 636 sider
...elements of damage based on the loss by repacking are, I think, also allowed on sound principle, and I am of the opinion that the appeal should be dismissed with costs. Counsel for defendant contended that the case disclosed tFie ?act that only 401 barrels of the... | |
 | Charles Morse, Edward Betley Brown, Walter Edwin Lear - 1914 - 644 sider
...year. Naturally, if the respondent had bound himself to this there would be reason to give judgment to the appellant. But the correspondence which has been...should be dismissed with costs. Appeal dismissed with costs. Tascherean, Rot/, Canon, Parent & FitzpatricJc, for the appellants. Pentland, Stuart, Gravel... | |
 | Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - 1914 - 1036 sider
...16 BC 334—and the plaintiffs cannot upon the facts be admitted to invoke or rely upon sec. 104. On the whole I am of the opinion that the appeal should be dismissed. Appeal dismissed. SASKATCHEWAN. NEWLANDS, J. OCTOBER 19TH, 1914. BELLAMY v. ROBERTSON. Husband and... | |
 | 1915 - 672 sider
...a reasonable matter of defence to try, the order was, upon the facts, properly made. Therefore, on the whole, I am of the opinion that the appeal should be dismissed. Solicitor for appellant: Edwin B. Ross. Appeal dismissed. Solicitor for respondent (Patterson) : WD... | |
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