Les recueils de jurisprudence du Québec: Cour du banc du roi (en appel)

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Страница 35 - But it is a well-established rule of law that the whole facts and circumstances attendant upon the making, issue, and transference of a bill or note may be legitimately referred to for the purpose of ascertaining the true relation to each other of the parties who put their signatures upon It, either as makers or...
Страница 498 - And we think that in the absence of anything in the statutes (which create such corporations) showing a contrary intention in the Legislature, the true rule of construction is, that the Legislature intended that the liability of corporations thus substituted for individuals should, to the extent of their corporate funds, be co-extensive with that imposed by the general law on the owners of similar works.
Страница 517 - The words undoubtedly are only empowering, but it has been so often decided as to have become an axiom that in public statutes words only directory, permissory, or enabling may have a compulsory force where the thing to be done is for the public benefit or in advancement of public justice.
Страница 424 - Les créanciers peuvent poursuivre le paiement des dettes que la femme a contractées avec le consentement du mari, tant sur tous les biens de la communauté, que sur ceux du mari ou de la femme; sauf la récompense due à la communauté, ou l'indemnité due au mari.
Страница 518 - But there may be something in the nature of the thing empowered to be done, something in the object for which it is to be done, something in the conditions under which it is to be done, something in the title of the person or persons for whose benefit the power is to be exercised, which may couple the power with a duty, and make it the duty of the person in whom the power is reposed to exercise that power when called upon to do so.
Страница 24 - ... benefit to the purchaser ; that is a matter of which the seller and the purchaser are the best judges. Nor is it any reason for saying that it would be a means by which purchasers, without any real cause, would frequently obtain an excuse for rejecting contracts when prices had dropped. The...
Страница 285 - Les arrérages de rentes perpétuelles et viagères ; • Ceux des pensions alimentaires; Les loyers des maisons, et le prix de ferme des biens ruraux ; Les intérêts des sommes prêtées, et généralement tout ce qui est payable par année , ou à des termes périodiques plus courts , Se prescrivent par cinq ans.
Страница 70 - Such a corporation must, for the purposes of justice, be treated as a separate corporation by the courts of each government from which it derives its being, that is, as a domestic legal entity to the extent of the government under which it acts, and as a foreign corporation as regards the other sources of its existence.
Страница 6 - Notice by carriers of special conditions limiting their liability is binding only upon persons to whom it is made known; and notwithstanding such notice, and the knowledge thereof, carriers are liable, wherever it is proved that the damage is caused by their fault, or the fault of those for whom they are responsible.
Страница 525 - It is an established rule in the exposition of statutes that the intention of the lawgiver is to be deduced from a view of the whole and of every part of a statute taken and compared together. The real intention, when accurately ascertained, will always prevail over the literal sense of terms.

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