Lawrence v. Anderson

Lawrence v. Anderson

The assignment executed on behalf of the plaintiff was without sufficient authority and, because the plaintiff never ratified, recognised or acted under the deed, he was not bound by the release contained therein; mere continuation of dealings and the correspondence did not constitute assent or estoppel.

Citation
(1890) 17 SCR 349
Parties
Appellant/plaintiff: Charles Lawrence; Respondent/defendant: W. Charles Anderson
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 June 1890
Procedural Posture
Appeal (civil) / On Appeal From the Supreme Court of Nova Scotia to the Supreme Court of Canada
Outcome
Appeal allowed with costs; judgment of the Supreme Court of Nova Scotia reversed; judgment for plaintiff for the stated account entered.
Legal Topics
Assignment for Benefit of Creditors, Release by Deed, Authority to Sign, Ratification, Estoppel, Composition With Creditors, Fraud on Creditors
Source Language
English
Trust Debtor and Creditor Contract Equity Assignment for Benefit of Creditors Release by Deed Authority to Sign Ratification +3 more

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Parties

Charles Lawrence

Appellant/plaintiff

W. Charles Anderson

Respondent/defendant

Procedural Posture

Appeal (civil) / On Appeal From the Supreme Court of Nova Scotia to the Supreme Court of Canada

Legal Issues

  1. 1 Whether a deed of assignment executed by defendant for plaintiff bound the plaintiff when executed without sufficient authority
  2. 2 Whether the plaintiff ratified, recognised or acted under the deed so as to be estopped from denying it
  3. 3 Whether a written authority to sign constituted a binding agreement to compound debts

Ratio Decidendi

The assignment executed on behalf of the plaintiff was without sufficient authority and, because the plaintiff never ratified, recognised or acted under the deed, he was not bound by the release contained therein; mere continuation of dealings and the correspondence did not constitute assent or estoppel.

Court Disposition

Appeal allowed with costs; judgment of the Supreme Court of Nova Scotia reversed; judgment for plaintiff for the stated account entered.

Orders

  • Appeal allowed with costs.
  • Judgment entered for the plaintiff for the amount of the account stated with costs.