The Saskatchewan Law Reports Volume 2

The Saskatchewan Law Reports Volume 2

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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. 1910 edition. Excerpt: ... Exchange Act merely entitles-the drawer, on payment of the bill to the payee, to demand its indorsement. In any event there is no allegation in the statement of claim that the plaintiff has paid the bank. There is, in any event, a material question of law to be determined. and that being so the defendant was entitled to leave to defend. T. S..llcMorran, for the respondent: Indorsement is not necessary: sec. 140, Bills of Exchange Act; and no allegation of payment is required: Bullen & Leake, 6th ed., 112; Cunningham & Mattinson's Precedents of Pleading, 168: and therefore proof of either indorsement or payment is unnecessary. He referred to Callow v. Lawrence, 3 M. & S. 95; Black v. Strickland, 3 ().R. 217. There is no fairly arguable point to be determined: Anglo-Italian Bank v. Davis, 38 _L.T. 201. July 9. WETMORE, C.J.: --This action was brought upon three several bills of exchange, drawn by the plaintiff upon the defendant, payable at sight, to the order of the Dominion Bank, and accepted by the defendant. The statement of claim sets forth that these bills were dishonoured, and that the bank thereupon returned them to the plaintiff, who is the holder of them. The defendant appeared and pleaded, denying acceptance, and alleging that the bills were not presented for payment, and that they had not been indorsed by the Dominion Bank to the plaintiff. Application was made, and came before my brother Lamont for hearing, for summary judgment under rule 103 of the Judicature Ordinance, and the learned Judge granted the application, and the defendant appeals. No affidavit was produced on behalf of the defendant. He relied entirely upon the fact, as he claimed, that the statement of claim did not disclose a good cause more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236911180
  • 9781236911186