The Northern Pacific Express Company v. Martin

The Northern Pacific Express Company v. Martin

The plaintiffs failed to comply with the express contractual condition that any claim arising out of receipt be presented in writing within sixty days accompanied by a copy of the contract; that condition was a condition precedent to the defendants' liability and non-compliance barred recovery; furthermore the general issue plea was sufficient to raise that defence.

Citation
(1896) 26 SCR 135
Parties
Appellant (defendant): The Northern Pacific Express Company; Respondent (plaintiff): William Martin and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 March 1896
Procedural Posture
Civil Appeal (commercial/common Carrier) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Manitoba; Decision on Appeal
Outcome
Appeal allowed; action dismissed with costs
Legal Topics
Conditions Precedent, Notice of Claim, Money Had and Received, Receipt Terms, Strict Compliance, Special Pleas
Source Language
English
Commercial Law Common Carrier Law Bailment Contract Law Pleadings Conditions Precedent Notice of Claim Money Had and Received +3 more

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Parties

The Northern Pacific Express Company

Appellant (defendant)

William Martin and Others

Respondent (plaintiff)

Procedural Posture

Civil Appeal (commercial/common Carrier) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench for Manitoba; Decision on Appeal

Legal Issues

  1. 1 Whether a contractual condition requiring written claim within sixty days with a copy of the contract is a condition precedent to liability
  2. 2 Whether the plaintiffs' failure to give the specified notice bars recovery for money paid to the carrier
  3. 3 Whether the defence based on non-compliance with the condition needed to be specially pleaded or was put in issue by the general plea of never indebted

Ratio Decidendi

The plaintiffs failed to comply with the express contractual condition that any claim arising out of receipt be presented in writing within sixty days accompanied by a copy of the contract; that condition was a condition precedent to the defendants' liability and non-compliance barred recovery; furthermore the general issue plea was sufficient to raise that defence.

Court Disposition

Appeal allowed; action dismissed with costs

Orders

  • Appeal allowed
  • Action dismissed with costs