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The Nova Scotia Reports (Volume 32); Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia

The Nova Scotia Reports (Volume 32); Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia


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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. 1900. Excerpt: ... Fraser V. Drew. Before Ritchie and Townshend, J J., Graham, E. J., aud Henry, J. Assignment for benefit of creditors--Action by assignee against sheriff levying under execution--Finding of fraud sustained. In an action brought by plaintiff as assignee of M, against defendant, the sheriff of the County of Queens, who levied under execution on a portion of the goods covered by the assignment, the defence relied upon was that the deed of assignment was made fraudulently, with intent to hinder and delay creditors. It appearing that the jury had no difficulty in determining the only question upon which they had to pass, and their verdict being in accordance with that finding. Held, that it could not be disturbed upon any reason based upon the circumstances under which it was rendered. Townshend, J., dissented, on the ground that there was no evidence to to justify the verdict, and that it was given in disregard or misapprehension of the instructions of the learned trial judge. This was a motion to set aside the verdict for defendant, and for a new trial, in an action brought by plaintiff, as assignee of L. N. Mack, against defendant, the sheriff of the County of Queens, who had levied under execution on a portion of the goods covered by the assignment. 189!), Feb. 7th. H. Mclnnes in support of motion.--The verdict should be set aside. It is clear that on account of the gross ignorance of the jury, there was a mistrial. Morse v. Thompson, 19 U. C. C. P., 94. The verdict is against the evidence. The defendant can only rely on the fraud specially pleaded. As to the clause in the assignment empowering the assignee to compound debts. N. S. Acts, 1888, c. 11, s. 68; Lewin on Trusts, p. 66C. There is no evidence of any debt being compounded. The power to carry on bus...


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Product Details
  • ISBN-13: 9781153992701
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 210
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1153992701
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 435 gr


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The Nova Scotia Reports (Volume 32); Containing Reports of Cases Argued and Determined in the Supreme Court of Nova Scotia
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