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The Ontario Weekly Reporter and Index-Digest Volume 9

The Ontario Weekly Reporter and Index-Digest Volume 9


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 Excerpt: ...of the executors to be added as parties defendants has been obtained: nnd that, upon inquiry being made by the Ontario solicitors from the solicitors in England as to the assertion by Lionel Moritz that he was the plaintiff, the following letter was written by the English solicitors on 23rd December, 1904: ... "Emanuel Moritz was the sole proprietor of the business until 22nd July, 1903, when he took his son Lionel Moritz into partnership, the style of the firm remaining 'E. Moritz' as before; Emanuel Moritz died on 1st March, 1904, by his will leaving the business to Lionel Moritz; until the partnership the sole partner being Emanuel Moritz, the action was rightly brought in his name, and the introduction of a partner would not affect the action...;" and that P copy of this letter was sent to the solicitor for defendants before the amendment was made in the proceedings in this action--I think I have set out all the facts necessary to a conclusion. It will be seen that the action is in the alternative, though not so expressed specifically. The facts set out in the statement of claim, if proved and sufficient in law, would justify i-judgment upon the ground (1) of the English judgment, or (2) damages for the breach of the contract. These I consider separately. The validity of the English judgment depends upon the law of England; and that, though it may be a question of fact, and therefore should in strictness be proved by expert testimony, 1 am by agreement of all parties to determine from the available authorities. The extra-territorial jurisdiction of an English Court, except in certain cases not of importance to consider here, was not known to the common law; and it was after more or less unsuccessful attempts to make the practice of outlawry ava...


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Product Details
  • ISBN-13: 9781130343366
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 342
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1130343367
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 612 gr


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