Roblee v. Rankin

Roblee v. Rankin

An overdue promissory note in the hands of the payee is a debt attachable under the C.L.P. Act, and payment by the maker into court pursuant to a judge's order validly discharges the maker so that a later endorsement of the note gives no right of action against the maker.

Citation
(1884) 11 SCR 137
Parties
Appellant Defendant: Alexander Roblee; Appellant Defendant: Another Defendant; Respondent Plaintiff: Alexander K. Rankin; Judgment Debtor / Payee: Isaac Auld
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 June 1884
Procedural Posture
Civil Appeal (action on Promissory Note) / Appeal From Final Judgment of the Supreme Court of Prince Edward Island (judgment Signed May 2, 1883)
Outcome
Appeal allowed; judgment of the Supreme Court of Prince Edward Island reversed; judgment entered for defendants (appellants) with costs.
Legal Topics
Garnishee Attachment, Promissory Note (overdue), Endorsement, Payment Into Court Under Judge's Order, Final Judgment and Appeal Timing
Source Language
English
Civil Procedure Contract Negotiable Instruments Execution and Garnishment Garnishee Attachment Promissory Note (overdue) Endorsement Payment Into Court Under Judge's Order +1 more

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Parties

Alexander Roblee

Appellant Defendant

Another Defendant

Appellant Defendant

Alexander K. Rankin

Respondent Plaintiff

Isaac Auld

Judgment Debtor / Payee

Procedural Posture

Civil Appeal (action on Promissory Note) / Appeal From Final Judgment of the Supreme Court of Prince Edward Island (judgment Signed May 2, 1883)

Legal Issues

  1. 1 Whether an overdue promissory note in the hands of the payee is attachable by a judgment creditor under the Common Law Procedure Act
  2. 2 Whether payment by the maker/garnishee into court pursuant to a judge's order discharges the maker as against a subsequent endorsee
  3. 3 Whether the date for calculating time to appeal is the demurrer judgment or the later signed final judgment

Ratio Decidendi

An overdue promissory note in the hands of the payee is a debt attachable under the C.L.P. Act, and payment by the maker into court pursuant to a judge's order validly discharges the maker so that a later endorsement of the note gives no right of action against the maker.

Court Disposition

Appeal allowed; judgment of the Supreme Court of Prince Edward Island reversed; judgment entered for defendants (appellants) with costs.

Orders

  • Appeal allowed with costs.
  • Judgment to be entered for the defendants in the court below with costs.