Digest Canadian Case Law Volume 5

Digest Canadian Case Law Volume 5

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ... Aot--The validity of an order made by a District Court Judge under s. 8 o'! the Creditors' Relief Act s not affected by the fact that the Judge, through inadvertence, signed the order as Local Master instead of as Judge of the District Court.--Where an order made under s. 8 of the Creditors' Relief Act is not styled "In the matter of The Creditors' Relief Act," the Judge who made the order has power under s. 16 of the Act to Cl1l'( the defect if it is quite plain from the nature of the order that it was made under the provisions of the said Act. Royal Bank v. Lee 6 Girard (1915), 30 W. L. R. 577; 7 W. W. R. 675; 8 W. W. R. 338. Ls-can m'rnaasr--On 11th April, 1899, defendant made a promissory note in favour of plaintiffs, payable on demand, for $1,500. In an action upon this note, brought in 1907, judgment was entered for plaintiffs, in default of defence, on 5th March, 1907, for amount of the note and interest at 6%, from 12th April, 1899, when a demand was said to have been made, up to day of judgment. The note did not provide for interest. It was admitted that there was an error in the calculation of interestthe proper amount, at 6%, being $6.07 less than that for which judgment was entered. After the lapse of 6 years and 10 months, defendant moved to set aside the judgment: --Held, upon the evidence, the onus being upon defendant, that the judgment was not entered in contravention of an agreement between solicitors for plaintiffs and defendant respectively.--2. That defendant had not shewn any merits, apart from a dispute as to the rate of interest.--3. That the delay in moving against the juiment was not satisfactorily explained.. That plaintiffs were entitled to enter judgment for interest at 6%, ...show more

Product details

  • Paperback | 166 pages
  • 189 x 246 x 9mm | 308g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236900480
  • 9781236900487