Scott v. The Bank of New Brunswick

Scott v. The Bank of New Brunswick

Where a new trial is ordered to resolve factual issues, an appellate court will not interfere with that order.

Source-derived case information.

Citation
(1892) 21 SCR 30
Parties
Plaintiff/appellant: Scott; Defendant/respondent: The Bank of New Brunswick
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 May 1892
Procedural Posture
Civil Appeal / Appeal to Supreme Court of Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Order for New Trial, Interference by Appellate Court, Special Deposit, Forgery, Authority of Agent, Verdict Set Aside
Source Language
english
Civil Procedure Appeal Evidence Banking Order for New Trial Interference by Appellate Court Special Deposit Forgery +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Scott

Plaintiff/appellant

The Bank of New Brunswick

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court of Canada

Legal Issues

  1. 1 Whether an appellate court should interfere with an order granting a new trial to determine questions of fact
  2. 2 Whether the bank had paid the special deposit to the plaintiff's agent with authority or whether the plaintiff's endorsement was forged

Ratio Decidendi

Where a new trial is ordered to resolve factual issues, an appellate court will not interfere with that order.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs
  • Order of the Supreme Court of New Brunswick setting aside the verdict and ordering a new trial upheld