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Solloway, Mills & Co. v. Sunderland

[1931] SCR 714 Court SCC Decision date 1931-10-08 English

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admission of their marriage, because such admission would be against public order. The other ground was that the V, amount of the judgment had been arrived at on an erroneous basis, and that it was therefore exorbitant, arbitrary and most exaggerated and far in excess of the damages which had been suffered by Mrs. Carreau.
The first ground was set aside by the appellate court for the reason that marriage had been proved as a result of the questions put by the appellant's counsel to the respondent upon his examination on discovery and that there was no question of public order; and, on the second ground, the appellate court affirmed the amount of damages. The Supreme Court of Canada, after hearing counsel for the appellant and for the respondent, delivered judgment dismissing the appeal with costs.
lant.
L. E. Beaulieu K.C. for the respondent.
SOLLOWAY, MILLS & COMPANY v. SUNDERLAND APPEAL from the decision of the Court of Appeal for British Columbia (1), affirming the judgment of the trial judge, M. A. Macdonald J. (2), and maintaining the plaintiff respondent's action.
The plaintiff respondent was a customer of the stock brokerage company appellant and he brought an action in damages against that firm for selling shares of his after he had cancelled the order given to sell the shares. The trial judge, upon the evidence, found in favour of the respondent, which judgment was affirmed by the Court of Appeal.