Reports of the Supreme Court of Canada Volume 21

Reports of the Supreme Court of Canada Volume 21

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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. 1893 edition. Excerpt: ...for the benefit of the cargo owners; and the defendants having paid into court a sum sufiicient to cover such actual cost the underwriters were not entitled to a greater amount. APPEAL from a decision of the Court of Appeal for Ontario (1) afiirmingthe judgment of the Queen's PRESENT.---Str0l1g, Taschereau, Gwynne and Patterson JJ. (Sir W. J. Ritchie C.-T. was present at the argument but died before judgment was delivered.) (1) 19 Ont. App. R. 41. 1892 Bench Division (1) which also aflirmed the decision of EYE-' Boyd C. (2) in favour of the defendants. gZ;': ' ' E The claim in question arose under the following COMPANY circumstances: TZE The plaintiffs were insurers of the sCl100111' Glen0131'o'ARL1 iffer, which was stranded in the Humber Bay, a few Company miles from Toronto, on 27th November, 1889, whilst of Tfimaattempting to make the port of Toronto, bound from the port of Oswego, and laden with a cargo of coal belonging to the defendants, which was uninsured, and she was abandoned by her master and crew. On the morning of the 28th November the owner of the vessel--one Matthews--called upon Mr. Kenny, the managing director of the appellant company, and notified him of the loss, and either on that or the following day he gave written notice of abandonment to the underwriters. Mr. Kenny without delay secured the services of Captain Donnelly an experienced and successful wrecker, who visited the vessel at the earliest opportunity and who, after consideration, advised that the best course to take was to make an attempt to save both vessel and cargo. The plaintiffs also secured by telegram, and with the utmost possible despatch, a wrecking expedition from Port Colborne, which was on the spot as soon as...show more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236873238
  • 9781236873231