Dueber Watch Case Manufacturing Co. v. Taggart

Dueber Watch Case Manufacturing Co. v. Taggart

The composition paid through the plaintiff's agent, the assignee's conveyance to that agent for the plaintiff, and the subsequent agreed reconveyance on promissory notes and mortgage amounted to a binding settlement that extinguished the original debt and thereby released the partner Campbell from liability.

Citation
(1900) 30 SCR 373
Parties
Appellant/plaintiff: Dueber Watch Case Manufacturing Co.; Respondent/defendant: Frank S. Taggart & Co.; Respondent/defendant: Frank S. Taggart; Respondent/defendant: Charles Campbell
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 June 1900
Procedural Posture
Appeal / Supreme Court of Canada Judgment on Appeal From Court of Appeal for Ontario
Outcome
Appeal dismissed with costs; judgment of Court of Appeal for Ontario affirmed; action dismissed.
Legal Topics
Assignment for Benefit of Creditors, Composition With Creditors, Discharge of Debt, Release of Partner From Liability, Chattel Mortgage, Agency and Authority
Source Language
English
Contract Partnership Insolvency Assignment for Benefit of Creditors Composition With Creditors Discharge of Debt Release of Partner From Liability Chattel Mortgage +1 more

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Parties

Dueber Watch Case Manufacturing Co.

Appellant/plaintiff

Frank S. Taggart & Co.

Respondent/defendant

Frank S. Taggart

Respondent/defendant

Charles Campbell

Respondent/defendant

Procedural Posture

Appeal / Supreme Court of Canada Judgment on Appeal From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the composition and allied transactions extinguished the original debt
  2. 2 Whether the acts of Moore bound the plaintiff company
  3. 3 Whether the defendant Campbell was released from liability by the arrangement

Ratio Decidendi

The composition paid through the plaintiff's agent, the assignee's conveyance to that agent for the plaintiff, and the subsequent agreed reconveyance on promissory notes and mortgage amounted to a binding settlement that extinguished the original debt and thereby released the partner Campbell from liability.

Court Disposition

Appeal dismissed with costs; judgment of Court of Appeal for Ontario affirmed; action dismissed.

Orders

  • Appeal dismissed with costs
  • Original action dismissed