Saint John and Quebec Railway Co. v. The Bank of British North America and The Hibbard Co.

Saint John and Quebec Railway Co. v. The Bank of British North America and The Hibbard Co.

The court unanimously held that the appellant had notice of the bank's assignment: the altered resolution language communicated to the appellant's solicitor constituted notice attributable to the appellant and, given the facts, the officers had constructive notice that the bank had an interest requiring its assent to any settlement; therefore the appellant was bound and the appeal was dismissed with costs.

Citation
(1921) 62 SCR 346
Parties
Defendant Appellant: Saint John and Quebec Railway Company; Plaintiff Respondent: The Bank of British North America; Defendant Respondent: The Hibbard Company, Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 June 1921
Procedural Posture
Appeal Concerning Contract/assignment of Claims / Supreme Court of Canada on Appeal From Appellate Division of the Supreme Court of New Brunswick
Outcome
Appeal dismissed with costs
Legal Topics
Assignment of Debt, Notice to Debtor, Constructive Notice, Subrogation, Choses in Action
Source Language
English
Contract Equity Property Civil Procedure Assignment of Debt Notice to Debtor Constructive Notice Subrogation +1 more

Case Brief

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Parties

Saint John and Quebec Railway Company

Defendant Appellant

The Bank of British North America

Plaintiff Respondent

The Hibbard Company, Limited

Defendant Respondent

Procedural Posture

Appeal Concerning Contract/assignment of Claims / Supreme Court of Canada on Appeal From Appellate Division of the Supreme Court of New Brunswick

Legal Issues

  1. 1 Whether the appellant had notice of the assignment of Hibbard Company's claims to the Bank
  2. 2 Whether notice to the solicitor constituted notice to the debtor
  3. 3 Whether constructive notice arose from facts that ought to have put the appellant on inquiry

Ratio Decidendi

The court unanimously held that the appellant had notice of the bank's assignment: the altered resolution language communicated to the appellant's solicitor constituted notice attributable to the appellant and, given the facts, the officers had constructive notice that the bank had an interest requiring its assent to any settlement; therefore the appellant was bound and the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs