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Commercial Law Reports (Annotated) (Volume 2); Being Reports of Important Decisions Relating to Companies, Banks and Banking, Insurance, Insolvency, ... Subjects in the Federal and Provincial Courts

Commercial Law Reports (Annotated) (Volume 2); Being Reports of Important Decisions Relating to Companies, Banks and Banking, Insurance, Insolvency, ... Subjects in the Federal and Provincial Courts

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Описание
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903. Excerpt: ... Notes: Costs. A person whose copyright has been infringed is not bound to rest satisfied with the promise of the defendant not to commit any further infringement, but he has a right to have an injunction and is entitled to the costs of such: Geary v. Norton (1846), 1 DeG. & S. 9; Losh v. Hague (1837), 1 Webs. 200; but where the action is brought to enforce a bare legal right, such as an action to restrain the infringement of a very small part of the plaintiff's copyright, the Court will not, as a matter of course, order the defendant to pay the costs of the action: Walter v. Steinkopff, 1892 3 Ch. 489; 67 L.T. 184; American Tobacco Co. v. Guest, 1892 1 Ch. 630. If the defendant do not offer to submit to the injunction and pay all costs up to that time: Potts v. Levy (1854), 2 Drew 272; or, if, although he offer to submit to the injunction, he refuse to pay the costs or to give plaintiff any of the other relief to which he is entitled, the plaintiff is entitled to bring the suit to hearing and will have costs thereof: Fradella v. Wetter (1831), 2 R. & M. 247; Geary v. Norton (ante); Colburn v. Simms (1843), 2 Hare 561; Jamieson v. Teague (1857), 3 Jur. N.S. 1206; Chappell v. Davidson (1855), 2 K. & J. 123. Contra, where defendant submits to the injunction with costs and agrees to give plaintiff all other proper relief: Millington v. Fox (1838), 3 My. & C. 352; Colburn v. Simms (ante); Harvey v. Ferguson (1864), 15 Ir. Ch. 277; Hudson v. Bennett (1866), 12 Jur. N.S. 519. The tender of costs must include all costs of suit up to time when tender is made: Fradella v. Wetter, ante, Geary v. Norton, ante; Jamieson v. Teague, ante; Burgess v. Hill (1858), 26 Beav. 244; Moet v. Const on (1864), 33 Beav. 578; Schlesinger v. Turner (1890), 63 L.T. 764. Short of this...