Millar v. Plummer

Millar v. Plummer

Millar was not a holder in due course because Coldwell, who never obtained good title, acted in concert with Millar under a profit‑sharing arrangement so Coldwell’s knowledge was imputable to Millar; property in the note never passed to them, the garnishee order was ineffective as against Plummer, and the note was held in bad faith and must be returned to Plummer.

Citation
(1893) 22 SCR 253
Parties
Appellant (defendant): Charles Millar; Respondent (plaintiff): Alfred Edwin Plummer
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1893
Procedural Posture
Appeal; Contract and Negotiable Instruments / Final Judgment on Appeal to the Supreme Court of Canada
Outcome
Appeal dismissed with costs; decree for plaintiff granting recovery of the note
Legal Topics
Promissory Note, Accommodation Indorsement, Holder in Due Course, Bad Faith, Garnishee Proceedings, Conspiracy
Source Language
English
Contract Negotiable Instruments Equity Partnership Civil Procedure Promissory Note Accommodation Indorsement Holder in Due Course +3 more

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Parties

Charles Millar

Appellant (defendant)

Alfred Edwin Plummer

Respondent (plaintiff)

Procedural Posture

Appeal; Contract and Negotiable Instruments / Final Judgment on Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether appellant was a holder in due course of the promissory note
  2. 2 Whether Coldwell’s knowledge could be imputed to Millar under their agreement (partnership/quasi‑partnership)
  3. 3 Whether property in the note passed to Millar/Coldwell

Ratio Decidendi

Millar was not a holder in due course because Coldwell, who never obtained good title, acted in concert with Millar under a profit‑sharing arrangement so Coldwell’s knowledge was imputable to Millar; property in the note never passed to them, the garnishee order was ineffective as against Plummer, and the note was held in bad faith and must be returned to Plummer.

Court Disposition

Appeal dismissed with costs; decree for plaintiff granting recovery of the note

Orders

  • Appeal dismissed with costs
  • Decree for plaintiff restraining Millar and Coldwell from dealing with the note and ordering delivery of the note to the plaintiff