Greer v. Faulkner

Greer v. Faulkner

Majority held that under the interpleader order the money in court represented the proceeds of sale substituted for the timber and that the owner, having elected to waive the tort and affirm the sale, was entitled to recover the full proceeds paid into court; the court also held (majority) that amendment to add the husband as co-plaintiff could be allowed to enable determination of the real issue.

Citation
(1908) 40 SCR 399
Parties
Defendant/appellant: Joseph C. Greer; Plaintiff/respondent: Isabella Agnes Faulkner; Interpleader/defendant: Barnett-McQueen Co., Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
16 June 1908
Procedural Posture
Tort (trespass/conversion) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario on an Interpleader Issue
Outcome
Appeal dismissed with costs; judgment of Court of Appeal for Ontario affirmed in favor of plaintiff recovering the proceeds.
Legal Topics
Trespass, Conversion, Interpleader, Innocent Purchaser, Amendment of Pleadings, Damages, Equitable Title, Waiver of Tort
Source Language
English
Torts Property Equity Civil Procedure Trespass Conversion Interpleader Innocent Purchaser +4 more

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Parties

Joseph C. Greer

Defendant/appellant

Isabella Agnes Faulkner

Plaintiff/respondent

Barnett-McQueen Co., Limited

Interpleader/defendant

Procedural Posture

Tort (trespass/conversion) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario on an Interpleader Issue

Legal Issues

  1. 1 Whether owner who elects to waive the tort and affirm a sale is entitled to the full proceeds paid into court as substitute for stolen goods
  2. 2 Whether purchaser in good faith can retain increased value of goods and thereby defeat owner’s claim to proceeds
  3. 3 Whether a writ/interpleader order can be amended to add the grantor (husband) as co-plaintiff after conveyance

Ratio Decidendi

Majority held that under the interpleader order the money in court represented the proceeds of sale substituted for the timber and that the owner, having elected to waive the tort and affirm the sale, was entitled to recover the full proceeds paid into court; the court also held (majority) that amendment to add the husband as co-plaintiff could be allowed to enable determination of the real issue.

Court Disposition

Appeal dismissed with costs; judgment of Court of Appeal for Ontario affirmed in favor of plaintiff recovering the proceeds.

Orders

  • Appeal dismissed with costs
  • Plaintiff entitled to the full sum paid into court as proceeds of sale (proceeds of piles)