Jukes v. Fisher

Jukes v. Fisher

The Supreme Court dismissed the appeal because it was not satisfied the trial judge's findings—that the plaintiff indorsed the note for accommodation and that the mortgage secured the plaintiff against liability on that note—were clearly wrong; the judgment and the reference to the master were therefore affirmed despite subsequent discovery of a statutory declaration and the grant of special leave under s.71.

Citation
(1911) 47 SCR 404
Parties
Plaintiff/respondent: Jukes; Defendant/appellant: Fisher
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 October 1911
Procedural Posture
Civil Appeal (mortgage Action) / Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba
Outcome
Appeal dismissed with costs
Legal Topics
Collateral Security, Accommodation Indorsement, Reference to Master to Take Accounts, New Evidence Discovered After Reference, Special Leave and Time Limits for Appeal
Source Language
English
Bills of Exchange Mortgage Law Equity Civil Procedure Collateral Security Accommodation Indorsement Reference to Master to Take Accounts New Evidence Discovered After Reference +1 more

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Parties

Jukes

Plaintiff/respondent

Fisher

Defendant/appellant

Procedural Posture

Civil Appeal (mortgage Action) / Appeal to the Supreme Court of Canada From the Court of Appeal for Manitoba

Legal Issues

  1. 1 Whether the mortgage secured repayment of $1,000 paid by the plaintiff to retire a promissory note indorsed by the plaintiff
  2. 2 Whether the indorsement was an accommodation indorsement making the defendant personally liable
  3. 3 Whether the subsequent statutory declaration altered entitlement after reference to take accounts

Ratio Decidendi

The Supreme Court dismissed the appeal because it was not satisfied the trial judge's findings—that the plaintiff indorsed the note for accommodation and that the mortgage secured the plaintiff against liability on that note—were clearly wrong; the judgment and the reference to the master were therefore affirmed despite subsequent discovery of a statutory declaration and the grant of special leave under s.71.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment below affirmed and reference to the master to take accounts upheld