Digest of Cases Determined in the Supreme Court of Canada : On Appeal From Dominion, Provincial And Territorial Courts, And Upon Referred Questions Form the Organization of the Court in 1875 to 20th October, 1903. Comprising All Cases Reported in Volumes

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claimed that in the course of the partnership business he signed notes which J. indorsed and caused to be dis- counted, hut had charged against him, K., a much larger rate of interest thereon than he had paid, and he claimed a larger sum to be due him from .T. for such overcharge. The master held that, as these transactions had talien place nearly twenty years before K. was precluded by the Statute of Limitations and by laches and acquiescence from setting up such claim. His report was overrule...d by the Divisional Court and Court of Anneal on the ground that the partnership affairs never naving been formally wound up the statute did not apply. Held, reversing the decision of the' Court of Apneal and restoring the mas- ters report, that K.'s claim could not be en- tertained; that there was, if not absolute evi- dence at least a presumption of acquiescence trom the long delay ; and that such presump- tion should not he rebutted by the evidence 01 the two partners -considering their relation- ™p and the apparent concert between them.

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