Majority
tion Company and the respondents, appears to have little importance.
As to the repairs done before the 31st of July, a different question arises. In respect of them, the obligation to pay was in existence, and the appellant Dansereau is responsible, in the absence of sufficient evidence of release. The question is a doubtful one, and on the whole I am disposed to think that as regards that question, the conclusion of the Court of King's Bench ought not to be set aside. The respondents have failed to establish in this action the amount to which they are entitled under this head, and the learned trial judge appears to treat that amount as negligible. It will be sufficient, I think, to protect them by reserving any right they may have to recover for such repairs. The appeal should be allowed, with costs, and the judgment of the learned trial judge restored.
Judgment of the Court
Durr J.-The debentures, which were the subject of the declaration of trust, were payable to bearer, negotiable, and part of the currency of the country. The declaration of trust operated just as it would have operated S.C.R.