. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. â ^ma^n Jth 60 MONTREAL LAW KKTOR-W. if: fl { ;â '.;. I MBo. gorical aid preoise, notwith«Unding that tho juiy has MoI^ud gQm, beyond its province and volunteered to determine ;id^t iM. jj^yjg which it wan not called to pass npon. ^ i Qk^,s. The qaeRticms 8 and 6 were sufficiently distinct thut there should have been no difficulty in obtaininga direct answer to them; but the jury, after giving a direct ans- , ' wer, volunteeredjto the third question the following words, " but J. S. M
. The Montreal law reports [microform]. Law reports, digests, etc; Law; Jurisprudence; Droit. â ^ma^n Jth 60 MONTREAL LAW KKTOR-W. if: fl { ;â '.;. I MBo. gorical aid preoise, notwith«Unding that tho juiy has MoI^ud gQm, beyond its province and volunteered to determine ;id^t iM. jj^yjg which it wan not called to pass npon. ^ i Qk^,s. The qaeRticms 8 and 6 were sufficiently distinct thut there should have been no difficulty in obtaininga direct answer to them; but the jury, after giving a direct ans- , ' wer, volunteeredjto the third question the following words, " but J. S. McLachlan had a continued'and active > "interest in the business," and to the fifth, "that J. S. '/â V ' " McLachlan had an interest in the ; L. ^ l_^ Now they were not asked as to this ; the words added to the direct answer to' question No. 8, themselves are indefinite aiM meaningless in the light of the question. The Court was dealing with the meaning of the contract of insurance and thb question of liability under it towards . the plaintiff, hence its question wa« as to the fact of tho dissolution of tho firm. If there wiw no firm of McLachlan Bros. & Co., such as was described in the application >, signed When thei insurance issued, there could be no sur- viving partners having an insurance interest in the policy and entitled to recover under it. The dissolution of the firm of McLachlan Btos& Co., composed of J. S. McLach- lan, Wm. McLachlan, and F. W. Badford and Bizzey, terminated the 'firm and ended the insurance. The fact that another firm was formed two days after, had very littlp to do with the matter since it wa« not composed of the said persons; and especially"So, considering that the insurance company had not consented to. the substitution of the members of tho new firm for/^ old one. The jury found that the firm as it existed at the tin^ the policy issued and as altered, however, by the substitution of
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