Montgomerie and Company, Ltd, v Wallace James

JurisdictionEngland & Wales
Judgment Date18 December 1903
Judgment citation (vLex)[1903] UKHL J1218-1
CourtHouse of Lords
Date18 December 1903

[1903] UKHL J1218-1

House of Lords

Montgomerie and Company, Limited,
and
Wallace James.
1

After hearing Counsel, as well on Monday the 16th, Tuesday the 17th, Thursday the 19th, and Friday the 20th, as Monday the 23rd, days of November last, upon the Petition and Appeal of Montgomerie and Company, Limited, registered under the Companies' Acts, and having their Registered Office at 142 West George Street, Glasgow, praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely, an Interlocutor of the Lords of Session in Scotland, of the First Division, of the 23rd of November 1898, also an Interlocutor of the Lord Ordinary there, of the 18th of July 1899, also au Interlocutor of the said Lords of Session there, of the First Division, of the 17th of November 1899, also an Interlocutor of the said Lord Ordinary there, of the 7th of June 1901, and also an Interlocutor of the said Lords of Session there, of the First...

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vLex
96 cases
  • H.L. v. Can. (A.G.), (2005) 333 N.R. 1 (SCC)
    • Canada
    • Canada (Federal) Supreme Court of Canada
    • 13 December 2004
    ...24 (C.A.), refd to. [para. 213]. Coghlan v. Cumberland, [1898] 1 Ch. 704, refd to. [para. 215]. Montgomerie & Co. v. Wallace-James, [1904] A.C. 73 (H.L.), refd to. [para. 217]. Mersey Docks and Harbour Board v. Procter, [1923] A.C. 253 (H.L.), refd to. [para. 218]. Benmax v. Austin Moto......
  • H.L. v. Can. (A.G.), (2005) 262 Sask.R. 1 (SCC)
    • Canada
    • Canada (Federal) Supreme Court of Canada
    • 13 December 2004
    ...24 (C.A.), refd to. [para. 213]. Coghlan v. Cumberland, [1898] 1 Ch. 704, refd to. [para. 215]. Montgomerie & Co. v. Wallace-James, [1904] A.C. 73 (H.L.), refd to. [para. 217]. Mersey Docks and Harbour Board v. Procter, [1923] A.C. 253 (H.L.), refd to. [para. 218]. Benmax v. Austin Moto......
  • Canada (Attorney General) v. H. L., 2002 SKCA 131
    • Canada
    • Court of Appeal (Saskatchewan)
    • 14 December 2001
    ...105, refd to. [para. 37]. Coghlan v. Cumberland, [1898] 1 Ch. 704 (C.A.), refd to. [para. 40]. Montgomerie & Co. v. Wallace-James, [1904] A.C. 73 (H.L.), refd to. [para. 42]. Dominion Trust Co. v. New York Life Insurance Co., [1919] A.C. 254 (P.C.), refd to. [para. 43]. Mersey Docks and......
  • Northern Bank v Charlton
    • Ireland
    • Supreme Court
    • 1 January 1979
    ...from the decisions in S.S. Gairloch and Coghland v. Cumberland.It was recognised also in Montgomerie and Company Limited v.Wallace-James 1904 A.C.73 where the Earl of Halsbury L.C. said at75: "It is simply a question of fact, and doubtless, where a question of fact has been decided by a tr......
  • Get Started for Free
2 books & journal articles
  • Litigation
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...Ct Fed Ct]; Watford Electronics Ltd v Sanderson CFL Ltd [2001] BLR 143 at 155 [42], per Chadwick LJ. 1366 Montgomerie & Co v Wallace-James [1904] AC 73 at 75, per Lord Halsbury. An appellate court may substitute its decision on factual matters for that of a trial judge where it would be dis......
  • BOARD OF CUSTOMS & EXCISE V. BARAU
    • Nigeria
    • DSC Publications Online Nigerian Supreme Court Cases. 1982 Cases reported in 1982
    • 22 November 2022
    ...Manor Nursing Home (1935) A.C. 243, 250. 40. Coghlan v. Cumberland (1898) 1 Ch. 704, 705. 41.Montgomerie & Co. v. Wallace - James (1904) A.C. 73, 75. 42. Usen Friday Ekpo v. The State (1982) 6 S.C. 22. 43.Board of Customs v. Okoro (1971) 2 All N.L.R. 314, 320. 35 44.Folorunsho v. Adeyemi (1......

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