McDonald v. Gilbert

The agent's express representation that the sellers were the firm McDonald, Kemp & Co., together with correspondence received on headed paper naming the partners, constituted prima facie evidence that the defendants formed the firm and were liable; therefore the non-suit was rightly set aside and judgment for the plaintiff was upheld.

Citation: (1889) 16 SCR 700
Parties: Defendant Appellant: Thomas McDonald; Defendant Appellant: Albert Edward Kemp; Plaintiff Respondent: Robert J. Gilbert
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 26 October 1889
Procedural Posture: Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick (final Judgment)
Outcome: Appeal dismissed with costs; judgment for plaintiff for $22.68 upheld.
Legal Topics: Agency, Evidence of Partnership, Non Suit, Costs
Source Language: English

Contract Partnership Civil Procedure Appeal Agency Evidence of Partnership Non Suit Costs

Case Brief

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Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Thomas McDonald

Defendant Appellant

Albert Edward Kemp

Defendant Appellant

Robert J. Gilbert

Plaintiff Respondent

Procedural Posture

Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick (final Judgment)

Legal Issues

1 Whether there was sufficient evidence that the defendants constituted the firm McDonald, Kemp & Co.
2 Whether the agent's representation and replies on headed paper amount to prima facie evidence of partnership liability
3 Whether the court should entertain an appeal involving a trifling amount

Ratio Decidendi

Court Disposition

Appeal dismissed with costs; judgment for plaintiff for $22.68 upheld.

Orders

Appeal dismissed with costs
Judgment entered for plaintiff for $22.68