A Treatise On the Canadian Law of Conditional Sales of Chattels And of Chattel
A Treatise On the Canadian Law of Conditional Sales of Chattels And of Chattel
W J William James Tremeear
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Right to possession reserved as well as right of property. — It has been held under the Manitoba Lien Notes Act (76) that a promissory note which provided (73) 2 Kent Com. 342. (74) 2 Bl. Com. 387. (75) Taylor v. Caldwell (1863) 3 B. & S. 826. (76) Lien Notes Act, R. S. M. 1891, e. 87. 46 CONDITIONAL SALES that the right to the possession of the property for which the note is given shall remain in the vendor, did not come within the Act, for the latter was by its terms limited to cases "where t...he condition of the "bailment is such that the possession should pass " without any ownership therein being acquired by the " bailee, " and because the Act further provided that no such bailment shall be valid unless it be evidenced in writing signed by the person then taking possession of the chattel ("//). The document was in the following form : — "$153. 00. Winnipeg, Aug. 14, 1891. " Six months after date I promise to pay to W or order at "the Bank of, Winnipeg, the sum of $153 with interest at 8 per " cent, per annum till paid, for value received.
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