Reports of Cases Volume 35

Reports of Cases Volume 35

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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. 1902 edition. Excerpt: ...the time, and, as a matter of fact, before the defendants closed their case time was given and Mr. Sears was present. He was not, however, called by the defendants, but was called by the plaintiif. I did not at the time after hearing the aflidavits read and hearing what was said think that manifest injustice would be done the defendants by allowing the amendment (which opinion was confirmed by the trial of the cause) and therefore I thought that under sec. 218 of 60 Vie. cap. 24, I was obliged to allow it. As to amending the particulars by stating the time correctly between the 1st of February, 1894, and the 30th of November, 1898, there was no dispute at all between the parties as to when the plaintiff commenced work or when he left off, the only dispute was as to how much time he had lost. The defendants' own books showed the time the plaintiff worked, so that the amendment could not be fairly said to introduce any new matter or to take the defendants by surprise. Mr. Powell in his first affidavit says that when he saw that the plaintiff's claim was less than the payments made by the defendants and their offset he did not inquire particularly into it, and that had his claim contained the additional ten months wages he would have looked carefully into the claim and might have offered to sufferjudgment, and had he found the additional claim correct he certainly would have done so. Now in the first place after the amendment the defendants' payments and offset still exceeded the plaintiff's claim by over $100. The plaintiff's whole claim against the defendants for work was (and his whole claim was for work) $1,619.75, and the defendants claimed to have paid him $1,619.33, and in addition to that they claimed an...
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Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • United States
  • English
  • black & white illustrations
  • 1236755189
  • 9781236755186