Fraser v. Drew

Fraser v. Drew

Because the case was properly submitted to the jury and their finding of fraud was a conclusion reasonable men might reach on the evidence, the Court will not disturb the verdict or order a new trial despite the trial judge's personal disagreement.

Citation
(1900) 30 SCR 241
Parties
Plaintiff; Appellant: John H. Fraser; Defendant; Respondent: Lemuel W. Drew
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 February 1900
Procedural Posture
Civil Appeal / On Appeal; Judgment on Motion for New Trial
Outcome
Appeal dismissed with costs.
Legal Topics
Assignment for Benefit of Creditors, Fraudulent Conveyance, New Trial, Jury Findings, Appeal From Provincial Court
Source Language
English
Civil Procedure Fraud Insolvency/assignments Assignment for Benefit of Creditors Fraudulent Conveyance New Trial Jury Findings Appeal From Provincial Court

Case Brief

Summary, issues, holding and outcome

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Parties

John H. Fraser

Plaintiff; Appellant

Lemuel W. Drew

Defendant; Respondent

Procedural Posture

Civil Appeal / On Appeal; Judgment on Motion for New Trial

Legal Issues

  1. 1 Whether the assignment/deed was fraudulent as to creditors
  2. 2 Whether the jury misapprehended the evidence such that a new trial should be granted
  3. 3 Whether the jury verdict was one which reasonable men could reach and thus not open to appellate interference

Ratio Decidendi

Because the case was properly submitted to the jury and their finding of fraud was a conclusion reasonable men might reach on the evidence, the Court will not disturb the verdict or order a new trial despite the trial judge's personal disagreement.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Motion for new trial refused with costs (Supreme Court of Nova Scotia).