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''Cushing v Dupuy'' is a decision of the Judicial Committee of the Privy Council that dealt with: : * the nature of insolvency law in Canada, : * when appeals as of right to the Privy Council can be excluded by a local legislature, and : * how the royal prerogative may properly be ousted by statute. It was also notable for holding that, though the Privy Council would only exceptionally depart from its own previous decisions, it was not bound by them. ==Background== On 19 July 1877, the brewing company McLeod, McNaughten and Léveillée became insolvent, and Dupuy became its official assignee under a writ of attachment in insolvency. Cushing, a notary, produced a contract of sale executed as a notarial instrument dated 14 March 1877, by which the firm had agreed to sell its plant and effects to him, and demanded their delivery to him. On the same March date, a lease had also been executed by which Cushing agreed to lease back the same assets to the principals of the firm for three years. In his petition, Cushing asserted that he had taken possession of the assets in March, but no removal took place, and the assets remained in the possession of the firm. The question posed to the lower courts, which attracted much discussion in their deliberations, was whether the transaction was a valid sale within the meaning of ss. 1027 and 1472 of the ''Civil Code of Lower Canada''. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Cushing v Dupuy」の詳細全文を読む スポンサード リンク
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