The Montreal Law Reports Volume 6

The Montreal Law Reports Volume 6

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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. 1890 edition. Excerpt: ...Mt-Farlane eight per cent interest per annum on the money loaned B. L. Nowell.. B. L. NOWELL. After the passing of this agreement, the parties carried out its terms, and appellant went into the premises of B L. Nowell & Company, and appeared there from day to day before the public and the customers of the firm as having apparent control over the business. In the following year the business became unprofitable, and B. L. Nowell & Co. made an assignment to the respondent Fatt. In this abandonment Nowell put the appellant down as a creditor for $1,242.07. After the estate had been realized, and was ready for distribution, the curator contested the claim of appellant. The grounds of the contestation were three: 1. The curator alleged that the agreement entered into between the appellant and the insolvent on the 3rd June, 1887, was a simulated document, and, while pretending to be an agreement for the loan of money and the hire of services, in reality constituted a partnership between them. 2. That claimant by his acts held himself out, and induced customers of the firm to believe that he was a partner, and was introduced as such by Nowell (the insolvent) without objection. 3. That he received a portion of the profits of the business during the first seven months after his connection with it, in addition to his interest and salary. The contestation was maintained by the judgment cited above. May 21, 22, 1890. Geoflrion, Q. 0., and Leet, for the appellant, contended that the agreement of 3rd June, 1887. did not constitute McFarlane a partner with B. L. Nowell, and that the case was not governed by Davie 8f Sylvestre, M. L. R., 5 Q. B. 143. Another objection to the judgment was this: The abandonment was made by B. L. Nowell only, doing...
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Product details

  • Paperback | 168 pages
  • 189 x 246 x 9mm | 313g
  • United States
  • English
  • black & white illustrations
  • 1236910176
  • 9781236910172