The Ayr American Plough Co. v. Wallace

The Ayr American Plough Co. v. Wallace

There was no evidence that Wallace intended to sign as maker rather than as indorser; absent evidence of maker intention and absent notice of dishonour, the nonsuit was correctly entered and must be affirmed.

Citation
(1892) 21 SCR 256
Parties
Plaintiff/appellant: The Ayr American Plough Company; Defendant/respondent: William B. Wallace; Co Defendant (defaulted): Clark
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 May 1892
Procedural Posture
Contract (promissory Note) / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick; Judgment on Appeal Following Nonsuit at Trial
Outcome
Appeal dismissed; nonsuit affirmed.
Legal Topics
Promissory Note, Endorsement Vs Maker Liability, Notice of Dishonour, Parol Evidence, Statute of Frauds, Bills of Exchange Act S.56
Source Language
English
Contract Negotiable Instruments Evidence Bills of Exchange Promissory Note Endorsement Vs Maker Liability Notice of Dishonour Parol Evidence +2 more

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Parties

The Ayr American Plough Company

Plaintiff/appellant

William B. Wallace

Defendant/respondent

Clark

Co Defendant (defaulted)

Procedural Posture

Contract (promissory Note) / Appeal to Supreme Court of Canada From Supreme Court of New Brunswick; Judgment on Appeal Following Nonsuit at Trial

Legal Issues

  1. 1 Whether signature on back of promissory note created liability as maker or only as indorser
  2. 2 Whether there was evidence to go to the jury that defendant intended to be a maker
  3. 3 Whether absence of notice of dishonour discharged an indorser

Ratio Decidendi

There was no evidence that Wallace intended to sign as maker rather than as indorser; absent evidence of maker intention and absent notice of dishonour, the nonsuit was correctly entered and must be affirmed.

Court Disposition

Appeal dismissed; nonsuit affirmed.

Orders

  • Appeal dismissed with costs.