Esson v. McGregor

Esson v. McGregor

The court held that the defendant was affected with the contractor's knowledge or, at least, the superintendent was in a position to know whether the machine worked properly; therefore the defence of failure of consideration and the application for a new trial were not sustainable and the refusal of a new trial was proper.

Citation
(1892) 20 SCR 176
Parties
Appellant; Plaintiff: Esson; Respondent; Defendant: McGregor
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 February 1892
Procedural Posture
Appeal / Supreme Court of Canada Judgment on Appeal From New Brunswick
Outcome
Appeal dismissed with costs.
Legal Topics
Promissory Note, Failure of Consideration, Delay in Objecting, Agency and Imputed Knowledge, New Trial
Source Language
English
Contract Promissory Note Failure of Consideration Delay in Objecting Agency and Imputed Knowledge New Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Esson

Appellant; Plaintiff

McGregor

Respondent; Defendant

Procedural Posture

Appeal / Supreme Court of Canada Judgment on Appeal From New Brunswick

Legal Issues

  1. 1 Whether the promissory note defence of failure of consideration succeeded because the machine did not perform as represented
  2. 2 Whether defendant was entitled to a new trial given delay in objecting to defects
  3. 3 Whether knowledge of the machine's defects could be imputed to the defendant through the contractor or the superintendent

Ratio Decidendi

The court held that the defendant was affected with the contractor's knowledge or, at least, the superintendent was in a position to know whether the machine worked properly; therefore the defence of failure of consideration and the application for a new trial were not sustainable and the refusal of a new trial was proper.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.