Bradshaw v. Minister of Customs & Excise

by the statute as a " p6pinibre," a place in which " plants " are grown for the purpose mentioned; the word describing the articles, as Mr. Lafleur points out, is " plants ", not M "plantes ". Potted plants, in our view, are not within the ordinary meaning of the phrase " nursery stock." We think & the appeal should be dismissed, with costs.

Meredith.

JOSEPH WALTER McFARLAND, OFFICIAL

LIQUIDATOR

OF D. E. BROWN,

HOPE & APPELLANT;

*Feb.3. MACAULAY LIMITED (PLAINTIFF) .........

*April 20. AND

LONDON & LANCASHIRE GUARAN- TEE & ACCIDENT COMPANY OF

RESPONDENT.

CANADA (DEFENDANT)

..........

.....

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH

COLUMBIA

Guarantee-Company-Bond guaranteeing true accounting by liquidator of company-Default by liquidator-Dispute as to extent of guarantor's liability-Moneys received by liquidator as personal agent of a secured creditor of the company under power of attorney given to facilitate realization of securities-Claim against guarantor for interest.

Defendant by its bond guaranteed the true accounting by L. for what he

" shall receive or become liable to pay as official liquidator " of a company " at such periods and in such manner as the Judge shall appoint, and pay the same as the Judge hath by the said orders directed, or shall hereafter direct." Auditors reported a shortage in L.'s accounts, and plaintiff, who had succeeded L. as liquidator, was, by order, given leave to proceed against L. under s. 123 of the Winding-up Act (R.S.C.

1906, c. 144), and subsequently an order was made declaring L. guilty of misfeasance and breach of trust in relation to the company, and directing him to pay to plaintiff the amount of the alleged shortage.

Defendant, in paying -under its bond, refused to pay part of the shortage on the ground that such part did not come within its bond, and plaintiff sued therefor.

*PRESENT:-Anglin CJ.C. and Duff, Mignault, Newcombe and Rinfret JJ.