Is there any evidence of where a loan agreement was made and where monies were paid over?

British Columbia, Canada


The following excerpt is from Hua Ming Co. v. Xie, 1997 CanLII 4593 (BC CA):

There is no plea of where the agreement was made nor where the monies were paid over although both may be material to the right of the appellant to recover the loan, if there was a loan. See Holman v. Johnson (1775), 1 Cowp. 341, 98 E.R. 1120.

Other Questions


Does the parol evidence rule preclude evidence of the oral part of an agreement that is partly in writing? (British Columbia, Canada)
Does the parol evidence rule apply to a payment agreement where the payment agreement states that no refunds should be made unless the payment policy is less than one month's notice? (British Columbia, Canada)
What is the test for establishing a collateral agreement where the collateral agreement is inconsistent with or contradicts the written agreement? (British Columbia, Canada)
Can a lawyer who entered into a fixed fee agreement with a client without the client signing a written agreement with respect to the amount of money that was deposited into his general account? (British Columbia, Canada)
What is the onus on a party seeking to set aside an agreement that was entered into the agreement? (British Columbia, Canada)
Can an arbitrator deal with a collective agreement that expressly or inferentially arises out of the collective agreement? (British Columbia, Canada)
Is there any evidence that a plaintiff was ready, willing and able to complete her obligations as set out in the interim agreement? (British Columbia, Canada)
What is the difference between an agreement to agree and an expression by the parties that a completed agreement is to be memorialized? (British Columbia, Canada)
Does a no evidence motion where a real estate agent defendant argued that there was no expert evidence sufficient to establish a standard of care? (British Columbia, Canada)
Can extrinsic evidence be used to determine whether a settlement agreement was sham? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.