Reports of the Exchequer Court of Canada (Volume 4) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: benefit, and is therefore by the policy of maritime law 1895 inalienable. Rankin The plaintiff in this case, therefore, has no right of " action in rem for the recovery of his claim in the Eliza. Admiralty side of the Exchequer Court of Canada. uo,i,,n. Judgment dismissing action with costs. J'"leai''"' Solicitors for plaintiff: Mulvey $ McBrady. Solicitors for the mortgagee (intervening) : Canniff Sc Canniff. I INT ID IE X:. ACTION?Morti/at/ee' rit/ht of action in cat of co/tixion.?The mortgagee in possession may maintain an action for damages arising out of a collision. Ward, it aJ. i: The Ship " Yosemite ". 241 2 Incidental dtmantt Counter-claim - Kit/lit to filead ame to information Ity the Crotcn? Halmtantire action?Fiat? Keference to court? SO-.")! Virt.f. 16, r. tt,ul-ec. (e) and ec. 23. A substantive cause of action cannot )e pleaded as an incidental demand or counter-claim to an information by the Crown. The Qt'EEN /. The Montreal Woollen Mills Co. 348 ACTIONS, LIMITATION OF,- 1 SaJraye Limitation of action ajaint a nbeqnent bond .fide jmrchaner in Ontario Notice of r/if?n--54-55 Viet. c. 29, atr. 23, xiiti- xec. 4. ?An action in rcm against a tug was brought claiming $800 for salvage under an alleged agreement made in the Province of Ontario with the master of the tug at the time the salvage services were rendered. Subsequently, Tint before action was brought, the tug was sold by the yueliec Bank, under a mortgage held by the lank, to a purchaser who it was alleged had notice of the claim. The purchase! paid part cash and gave a mortgage on the vessel to the bank for the balance which remained unpaid. The action was not begun until after ninety days from the time when the alleged claim accrued. The purchaser claimed in his defenc...