Banks And Banking the Bank Act Canada With Notes Authorities And Decisions
Banks And Banking the Bank Act Canada With Notes Authorities And Decisions
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In Johnson v. Credit Lyonnais, 3 C. P. D. 32 (1877), a vendor who retained the documents of title, and fraudulently obtained advances on them, was held not to be the agent of the vendee.
In City Bank v. Barroiv, 5 App. Cas. 664 (1880), Art. 1740 of the Quebec Civil Code above cited, was con- sidered. An English merchant sent hides to a Montreal tanner to be tanned. He pledged the hides to the Bank of Toronto. It was held that he was not a factor or agent entitled to do so, and that the bank had... no lien as against the owner. In this case Lord Blackburn cited m'l. B. A — 17 258 THE BANK ACT. [S. 87 approvingly the case of Cole v. North Western Bank, supra, as establishing " that an agent who can pledge or sell must be an agent of that class which, like factors, have a business which, when carried to its legitimate re- sult, would properly end in selling or in receiving pay- ment for goods. That would be a kind of class ; factors and agents, in the class of factors. If such a person is ' entrusted, ' and is entrusted in that capacity, then, in the absence of bad faith on the part of the pledgee, the pledge is good.
What to read after Banks And Banking the Bank Act Canada With Notes Authorities And Decisions?
You can find similar books in the "Read Also" column, or choose other free books by Ties20and20decisions2c20and20the20law20rela to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
In Johnson v. Credit Lyonnais, 3 C. P. D. 32 (1877), a vendor who retained the documents of title, and fraudulently obtained advances on them, was held not to be the agent of the vendee.
In City Bank v. Barroiv, 5 App. Cas. 664 (1880), Art. 1740 of the Quebec Civil Code above cited, was con- sidered. An English merchant sent hides to a Montreal tanner to be tanned. He pledged the hides to the Bank of Toronto. It was held that he was not a factor or agent entitled to do so, and that the bank had... no lien as against the owner. In this case Lord Blackburn cited m'l. B. A — 17 258 THE BANK ACT. [S. 87 approvingly the case of Cole v. North Western Bank, supra, as establishing " that an agent who can pledge or sell must be an agent of that class which, like factors, have a business which, when carried to its legitimate re- sult, would properly end in selling or in receiving pay- ment for goods. That would be a kind of class ; factors and agents, in the class of factors. If such a person is ' entrusted, ' and is entrusted in that capacity, then, in the absence of bad faith on the part of the pledgee, the pledge is good.
What to read after Banks And Banking the Bank Act Canada With Notes Authorities And Decisions?
You can find similar books in the "Read Also" column, or choose other free books by Ties20and20decisions2c20and20the20law20rela to read onlineMoreLess
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