Judgment of the Court
THE (Oral).-This appeal fails the grounds relied on by the Judges in the Court of Queen's Bench. I cannot hold that Lawlor was a purchaser for value without notice; first because that defence was not pleaded, and it is not a case in which, even with the large powers given us by the statute, we should grant leave to amend; secondly, the facts found amounted to constructive notice, in other words they were sufficient to put the appellant on inquiry. The appeal must be dismissed with costs.
Appeal dismissed with costs. Solicitors for the appellant: Ewart, Fisher
Wilson. Solicitors for the respondent Day: Mulock
Robarts. 4t2