International Typesetting Machine Co. v. Foster

International Typesetting Machine Co. v. Foster

Majority held that by failing to renew registration of its conditional sale lien as required by the 1916 Alberta statute the vendor lost priority over the respondents' debenture, and accordingly the respondents' claim took priority; appeal dismissed with costs.

Citation
(1920) 60 SCR 416
Parties
Appellant/defendant: International Typesetting Machine Co.; Respondents/plaintiffs: J. C. Foster and E. H. McArthur
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 May 1920
Procedural Posture
Appeal / Supreme Court of Canada on Appeal From Appellate Division of Alberta
Outcome
Appeal dismissed with costs; judgment of the Appellate Division of Alberta affirmed.
Legal Topics
Conditional Sale, Debenture, Lien, Registration, Priority, Bills of Sale Ordinance, Hire Receipts and Conditional Sales, Mortgage, Insolvency, Interpleader
Source Language
English
Commercial Law Conditional Sale Debenture Lien Registration Priority Bills of Sale Ordinance Hire Receipts and Conditional Sales +3 more

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Parties

International Typesetting Machine Co.

Appellant/defendant

J. C. Foster and E. H. McArthur

Respondents/plaintiffs

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From Appellate Division of Alberta

Legal Issues

  1. 1 Whether the vendor's conditional sale lien retained priority over a subsequently created debenture when the vendor failed to renew statutory registration
  2. 2 Whether the respondents' debenture constituted a mortgage within the meaning of The Bills of Sale Ordinance and therefore required registration to be valid against creditors
  3. 3 Effect of Alberta Statute 1916 c.3 s.8 requiring renewal of conditional sale registration and consequence of failure to renew

Ratio Decidendi

Majority held that by failing to renew registration of its conditional sale lien as required by the 1916 Alberta statute the vendor lost priority over the respondents' debenture, and accordingly the respondents' claim took priority; appeal dismissed with costs.

Court Disposition

Appeal dismissed with costs; judgment of the Appellate Division of Alberta affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the Appellate Division of the Supreme Court of Alberta affirmed