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Malzard v. Hart

(1897) 27 SCR 510 Court SCC Decision date 1897-06-06 English

Delivered by Judgment of the Court

Contents

Judgment of the Court

J.--We are all of opinion that this appeal should be allowed.
The evidence. was taken, not before the trial judge but by a commission, and we are therefore at liberty to deal with it with less reserve than if the judge had heard it or there had been- a finding of fact by jury. After a careful perusal of the record I have failed to find any evidence upon which the judgment in question can be supp arted.
Primd Jacie the goods seized were the property of the appellant-they were purchased for her, in her name, and were then ostensibly in her possession.
All the provisions of the statute authorizing her carry business in her own name and for her own benefit, were complied with. None of the husband's money or property went into the business. The fact of her carrying on business in her own name was public and notorious, and there was no evidence, nothing but suspicion or surmise, to support the contention that the business was the husband's, not her's. The facts being as stated there was a strong burden upon the creditors attacking the appellant's