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The Manitoba Reports (Volume 6)

The Manitoba Reports (Volume 6)


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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. 1890. Excerpt: ... he might substitute the less burdensome order. It might be different if there had not been evidence on which it was open to find that there had been the past ability to pay and a default insufficiently excused. The matter standing in this way it could be of no service to the defendant to re-enter the application to reverse the order. He has upon the present motion had the advantage of an opportunity to urge objections to the order. The application should be dismissed with costs. Application dismisssd with costs. CAMPBELL v. GEMMELL. (in Appeal.) Garnishee.--Debtor a trustee.--Chattel Mortgage Act. Plaintiff sold a stock of goods to defendant; and took a mortgage upon it, and all goods which might be afterwards added lo it, as security for pa)ment. At the same time an agreement was entered into whereby the defendant was to carry on business with the stock, and, after making deductions for expenses, &c, was to remit the receipts to the plaintiff daily. Creditors of the defendant having attached, by garnishee orders, certain debts due to the defendant for goods sold in the bus1ness, Held, That such creditor were not entitled to such debts as against the plaintiff. Garnishee orders take effect only as against that which the debtor can properly, and without violation of any other rights of any one else, grant. The Chattel Mortgage Act does not apply to such a case. In this suit an order or decree was made on the 15th of August, 1889, restraining the defendant from collecting any moneys owing in respect of a general business he had been carrying on in Virden, and appointing the plaintiff a receiver for the purpose of collecting these moneys. The petitioners Weir and Musson, recovered judgments against the defendant on the 1oth of August, for $1,680.26, and havi...


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Product Details
  • ISBN-13: 9781154247893
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 240
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1154247899
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 435 gr


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