Shorey v. Jones

The criminal process was used to coerce the father into transferring his property for the benefit of the Montreal creditors; transactions obtained by such duress and abuse of process are void, and the transfers must be set aside.

Citation: (1888) 15 SCR 398
Parties: Appellants (defendants): Samuel Shorey and Others; Respondents (plaintiffs): Thomas R. Jones and Others
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 23 November 1888
Procedural Posture: Appeal / Hearing in the Supreme Court of Canada on Appeal From the Supreme Court of Nova Scotia
Outcome: Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia affirmed.
Legal Topics: Assignment for Benefit of Creditors, Duress, Abuse of Process, Stifling Prosecution, Preferential Transfer, Extortion
Source Language: English

Civil Procedure Equity Property Law Criminal Procedure Assignment for Benefit of Creditors Duress Abuse of Process Stifling Prosecution +2 more

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Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2

Parties

Samuel Shorey and Others

Appellants (defendants)

Thomas R. Jones and Others

Respondents (plaintiffs)

Procedural Posture

Appeal / Hearing in the Supreme Court of Canada on Appeal From the Supreme Court of Nova Scotia

Legal Issues

1 Whether a transfer made under threat or misuse of criminal process is void for duress
2 Whether creditors used criminal process improperly to coerce payment or security
3 Whether the conduct amounted to stifling the criminal prosecution and thus tainted the civil settlements

Ratio Decidendi

Court Disposition

Appeal dismissed with costs; judgment of the Supreme Court of Nova Scotia affirmed.

Orders

Appeal dismissed with costs
Transfers in favor of the Montreal creditors set aside as obtained by duress