Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick; With Tables of the Names of Cases Decided and Names of the Cases Volume 38

Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick; With Tables of the Names of Cases Decided and Names of the Cases Volume 38

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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. 1908 edition. Excerpt: ...to operate as a stay only. It is also submitted that the act is ultra vires the Provincial Parliament. Cur. adv. vult. The following judgments were now delivered: MCLEOD J. This is an appeal from the order made by me in May last, setting aside a summons issued by the plaintiff company (1) 6 Terr. L. R. 66. (2) 8 Ont. L. R. 647., _ 19!-"7_, _ on two several promissory notes for $1,340 each. The summons TEEZZZRE was specially indorsed and the application to set it aside was on the s1mammco.gl'oiin(l that the plaintiff company was an extra-provincial com"Rmm, pany and was doing business in New Brunswick contrary to the T an H1: AIl"'C provisions of chapter 18 of the Consolidated Statutes of N. B. M1fi""-(1 Con. Stat. 1903, cap. 18.) There is no dispute as to the facts in this matter. The plaintiff company is an extra-provincial corporation. It had no license to do business in New Brunswick. The defendant was a New Brunswick company, doing business in New Brunswick. The plaintiff company made a contract in writing with the defendant company to deliver to it (part in Saint John, N. B., and part in Sussex, N. B.) certain goods, called cream separators for which the i defendant company on receipt of the goods was to give notes in settlement, and it is on some of these notes so given that this action is brought. I made an order setting aside the writ, and in doing so stated my reasons for it. I desire, however, in this judgment to state a little more fully and clearly the reasons I had for setting aside the writ. It will be convenient in the first place to refer to the act of the legislature with reference to extra-provincial corporations that desire to do business in New Brunswick. The act giving them the right, or more...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236852354
  • 9781236852359