Reports of Cases Adjudged in the Court of Error and Appeal [1846-1866]

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. 1866 edition. Excerpt: ...manner. Commerciat --, -, amk. o.--further, that this objection of the appellants cannot prevail when they have.actually received, used and derived the benefit of the moneys lent to them by the respondents, and now sought to be recovered back. Answers to the fifth reason assigned: 1.--This fifth reason or ground of nonsuit was not taken by the appellants in their rule nisi in the Court of Queen's Bench, and the appellants cannot therefore be allowed to raise such. objection on this appeal. 2.--If such an objection be now open to the appellants, which the respondents deny, then the respondents shew that under the circumstances of the present case there is no ground for the distinction attempted to be herein drawn by the appellants as to matters out of the usual scope and power of the appellants, statement and therefore requiring to be evidenced by the cor porate seal; and that even if there is any such distinction in point of law, which these respondents deny, the principle thereof is not applicable where the consideration has been executed by the respondents and the benefit received by the appellants. Answers to sixth reason assigned: 1.--The appellants were authorised to borrow moneys--Firstlu, as incidental to the objects of their incorporation and the trading nature of their business; and this is fully apparent from the matters in evidence at the trial of this action. Secondlu, the statutes relating to the said company, and especially the act 16 Vic., ch. 99, confer expressly or by necessary implication upon the appellants the power to borrow. 2.--Further, the respondents rely on their answers given to preceding reasons, so far as applicable, as a further answer to this ground of nonsuit. Answers to seventh reason assigned: 1.--The...