Banque d'Hochelaga v. Waterhouse Engine Works Co.

Banque d'Hochelaga v. Waterhouse Engine Works Co.

The suspensive condition reserving ownership to the vendor until full payment was lawful; movables affixed to land do not become immovables by destination as against hypothecary creditors unless the person incorporating them is owner both of the movables and of the real property at the time of incorporation; because...

Source-derived case information.

Citation
(1897) 27 SCR 406
Parties
Appellant (intervenant): La Banque D'Hochelaga; Respondent (opposant): The Waterous Engine Works Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 May 1897
Procedural Posture
Appeal / Supreme Court of Canada Judgment on Appeal From the Court of Queen's Bench for Lower Canada (appeal Side)
Outcome
Appeal dismissed with costs
Legal Topics
Unpaid Vendor, Conditional Sale, Suspensive Condition, Immoveables by Destination, Hypothecary Charge, Possession Vaut Titre
Source Language
english
Property Law Sale Secured Transactions Civil Procedure Unpaid Vendor Conditional Sale Suspensive Condition Immoveables by Destination +2 more

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Parties

La Banque D'Hochelaga

Appellant (intervenant)

The Waterous Engine Works Company

Respondent (opposant)

Procedural Posture

Appeal / Supreme Court of Canada Judgment on Appeal From the Court of Queen's Bench for Lower Canada (appeal Side)

Legal Issues

  1. 1 Whether a suspensive condition reserving ownership of sold movables to the vendor until full payment is lawful and effective against third parties
  2. 2 Whether movables affixed to land become immoveables by destination vis-à-vis hypothecary creditors when the incorporator is not the owner of the movables

Ratio Decidendi

The suspensive condition reserving ownership to the vendor until full payment was lawful; movables affixed to land do not become immovables by destination as against hypothecary creditors unless the person incorporating them is owner both of the movables and of the real property at the time of incorporation; because the incorporator (purchaser) did not own the machinery, it did not become immovable by destination and the vendor's retained title remained effective, so the appeal was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs