McLean v. Bradley

McLean v. Bradley

Majority held the sheriff's plea of justification, showing seizure under a writ of attachment and sale under a court order issued pursuant to the Absent and Absconding Debtors Act, constituted a sufficient legal answer to the declaration; the replication that the plaintiff discontinued the underlying suit after the sale was bad; the evidence of a valid transfer to Respondent by the Company was insufficient (defective authority and lack of corporate seal/ratification); consequently the verdict for Plaintiff could not stand, the rule nisi should be made absolute and a new trial ordered (appeal allowed).

Citation
(1878) 2 SCR 535
Parties
Appellant (high Sheriff of Cumberland): Roderick McLean; Respondent (plaintiff, Creditor): Benjamin Bradley
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 June 1878
Procedural Posture
Trover (action for Conversion) on Appeal / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia After Trial Verdict and Judgment on Demurrer; Rule Nisi to Set Aside Verdict Argued Below
Outcome
Appeal allowed; verdict for Plaintiff set aside; judgment on demurrer for Plaintiff reversed; new trial ordered with costs.
Legal Topics
Conversion (trover), Attachment Under Absent and Absconding Debtors Act, Sale Under Court Order, Corporate Seal and Authority to Sell, Agency and Ratification, Justification Plea by Sheriff, Demurrer and Replication, Jurisdictional Scope of Statute
Source Language
English
Commercial Law Company Law Property Law Civil Procedure Sheriff/attachment Law Conversion (trover) Attachment Under Absent and Absconding Debtors Act Sale Under Court Order +5 more

Case Brief

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Parties

Roderick McLean

Appellant (high Sheriff of Cumberland)

Benjamin Bradley

Respondent (plaintiff, Creditor)

Procedural Posture

Trover (action for Conversion) on Appeal / Appeal to Supreme Court of Canada From Supreme Court of Nova Scotia After Trial Verdict and Judgment on Demurrer; Rule Nisi to Set Aside Verdict Argued Below

Legal Issues

  1. 1 Whether the sheriff's seizure or the subsequent sale constituted the conversion
  2. 2 Whether sale under court order pursuant to the Absent and Absconding Debtors Act justified the sheriff
  3. 3 Whether the memorandum of sale transferred title to Respondent (authority of agent and need for corporate seal)

Ratio Decidendi

Majority held the sheriff's plea of justification, showing seizure under a writ of attachment and sale under a court order issued pursuant to the Absent and Absconding Debtors Act, constituted a sufficient legal answer to the declaration; the replication that the plaintiff discontinued the underlying suit after the sale was bad; the evidence of a valid transfer to Respondent by the Company was insufficient (defective authority and lack of corporate seal/ratification); consequently the verdict for Plaintiff could not stand, the rule nisi should be made absolute and a new trial ordered (appeal allowed).

Court Disposition

Appeal allowed; verdict for Plaintiff set aside; judgment on demurrer for Plaintiff reversed; new trial ordered with costs.

Orders

  • Appeal allowed with costs
  • Rule nisi to set aside verdict made absolute (verdict set aside)