Reports of Cases Decided in the Court of Appeal Volume 17

Reports of Cases Decided in the Court of Appeal Volume 17

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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: ...the vendor's equity of redemption, but that is not pretended here. The debt is changed, and notes given in a diflerent form in the last from the first mortgage. I attach no weight to the plaintiff's assertion at the trial that he relies on both instruments. Such is the natural assertion when his counsel is offering both in evidence. I see no reason for, but much against, our not accepting the view expressed in Mclllartin v. MODo'ugall,10 U. C. R. 399, and I am unable to see the force of the distinction drawn by my brother OSLER between a case like the present and the English authorities cited by him. Lord Coleridge in Ramsden v. Lupton, L. R. 9 Q. B. 17, quotes approvingly the language of Bovill, C. J., in Smale v. Bwrr, L. R. 8 C. P. 64, "as between assignor and assignee, at least, the effect of giving each bill of sale was to annul and cancel the bill of sale that stood earlier in the series." This, I think, is the legal effect in a case like the present, and it was held to be in England. I do not question the right of parties dealing in such securities to provide in the later a provision aptly expressed that the earlier instrument was still to be held existent. Appeal allowed in part, and, HAGARTY, C. J. O., dissenting, dismissed in part. PECKHAM v. DEPOTTY. C'0ntroact--llla-stem and servant--Parent and child. 'The plaintiff, while a child of very tender years, had been placed by her father with the defendant, who was not a relation, to remain with him until she attained eighteen years of age, he agreeing to support her during that time, to send her to school, to supply her with clothing, and to give to her certain articles when she reached the age of eighteen. She remained with the defendant until she more

Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • United States
  • English
  • black & white illustrations
  • 123677194X
  • 9781236771940