Reports of Cases Decided in the Court of Appeal

Reports of Cases Decided in the Court of Appeal

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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. 1880 edition. Excerpt: ...reversing the decree of Proudfoot, V. C., that under sections 84 and 106, the plaintiff was not entitled to prove for such deficiency. Re Hurst, 31 U. C. R. 116, commented on, and questioned. THIS was an appeal from a decree of Proudfoot, V. C., The facts shewn by the bill and answer were that Dowler Bros. made a mortgage to the plaintiff dated 10th July, 1876, to secure $400 and interest, covena.nting to pay the principal and interest at six per cent. per annum: that a balance of $4-31.80 was due at the date of the filing of the bill, the time for payment having elapsed: that Dowler Bros. became insolvent, and the defendant was duly appointed assignee of their estate and effects as such assignee, and became entitled to the equity of redemption: that the equity of redemption was of no pecuniary value: that the plaintiff never proved any claim under the Insolvent Act against the estate of the insolvents. _ The prayer followed the form usual in such suits, asking ' for payment of the $i31.80 with interest and costs, and in default a sale of the premises: and that defendant might be ordered to pay the balance of the mortgage debt and COsl3S after deducting the amount realized by the sale. The defendant in his answer averred that he would not have answered if the plaintiff had not prayed for this payment of the balance. The cause was heard on bill and answer, and a decree was made directing payment or in default thereof a sale; with the further order that in case of a. deficiency arising after the sale the plaintiff should be at liberty to prove against the estate of the insolvents for the deficiency.. The case was argued on the June, 1879 (a). Ferrguson, Q. C., for the appellant. The respondent must be held to have accepted his security more

Product details

  • Paperback
  • 189 x 246 x 12mm | 408g
  • United States
  • English
  • black & white illustrations
  • 123687031X
  • 9781236870315