Ross v. Gannon

Ross v. Gannon

Where a note is alleged to be an accommodation and the claimed consideration is shown or admitted to derive from illegal smuggling and the plaintiff fails to produce satisfactory records, the note is unenforceable; the Supreme Court will uphold the trial judge's factual findings when supported by evidence.

Citation
(1906) 39 SCR 675
Parties
Appellant/plaintiff: Ross; Respondents/defendants: Gannon et al
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 December 1906
Procedural Posture
Contract Promissory Note / Appeal to Supreme Court of Canada (from Supreme Court of Nova Scotia)
Outcome
Appeal dismissed with costs; judgment of Graham J. (trial judge) confirmed.
Legal Topics
Promissory Note, Consideration, Accommodation Promissory Note, Smuggling/illegal Consideration, Burden of Proof
Source Language
English
Contract Evidence Illegality Promissory Note Consideration Accommodation Promissory Note Smuggling/illegal Consideration Burden of Proof

Case Brief

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Parties

Ross

Appellant/plaintiff

Gannon et al

Respondents/defendants

Procedural Posture

Contract Promissory Note / Appeal to Supreme Court of Canada (from Supreme Court of Nova Scotia)

Legal Issues

  1. 1 Whether promissory note signed as accommodation is enforceable
  2. 2 Whether alleged consideration based on smuggling renders the note void or unenforceable
  3. 3 Who bears the burden of proof when illegality is pleaded

Ratio Decidendi

Where a note is alleged to be an accommodation and the claimed consideration is shown or admitted to derive from illegal smuggling and the plaintiff fails to produce satisfactory records, the note is unenforceable; the Supreme Court will uphold the trial judge's factual findings when supported by evidence.

Court Disposition

Appeal dismissed with costs; judgment of Graham J. (trial judge) confirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of Graham J. confirmed