Ferrier v Stewart [1912] HCA 47

Ferrier v Stewart [1912] HCA 47

Agnes Ferrier, having signed the promissory notes and delivered them with the intention of being liable as an indorser, is estopped from denying either her status as indorser or the status of the plaintiffs as holders in due course; thus, she is liable under sec. 57 of the Instruments Act 1890 and general principles of negotiable instruments law.

Parties
Defendant: Agnes Ferrier; Plaintiff: John Gordon Stewart; Plaintiff: Hester Ann Gummow
Jurisdiction
Australia
Judgment Date
24 June 1912
Procedural Posture
Appeal / Judgment on Appeal From Supreme Court of Victoria
Outcome
Appeal dismissed
Legal Topics
Negotiable Instruments, Promissory Notes, Indorsement, Estoppel
Commercial Law Negotiable Instruments Promissory Notes Indorsement Estoppel

Case Brief

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Parties

Agnes Ferrier

Defendant

John Gordon Stewart

Plaintiff

Hester Ann Gummow

Plaintiff

Procedural Posture

Appeal / Judgment on Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 Whether Agnes Ferrier was liable as an indorser of promissory notes.
  2. 2 Whether the plaintiffs were holders in due course.
  3. 3 Whether estoppel precluded Agnes Ferrier from denying liability.

Ratio Decidendi

Agnes Ferrier, having signed the promissory notes and delivered them with the intention of being liable as an indorser, is estopped from denying either her status as indorser or the status of the plaintiffs as holders in due course; thus, she is liable under sec. 57 of the Instruments Act 1890 and general principles of negotiable instruments law.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the Supreme Court of Victoria affirmed
  • Defendant to pay the costs of the appeal