Dingwall v. McBean

Dingwall v. McBean

A pledgee/consignee who advances in good faith on consignments has the same rights as if the consignor were absolute owner and may retain goods for the general balance due notwithstanding notice of the consignor's agency; where goods have been sold and proceeds received the third party's remedy is a claim for money, and interventions claiming a lien are barred or ineffectual once goods are no longer in specie.

Citation
(1900) 30 SCR 441
Parties
Appellant (intervenant): Alexander Dingwall; Respondent (plaintiff): George McBean
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 June 1900
Procedural Posture
Civil Appeal (property/agency/pledge) / Final Appeal to Supreme Court of Canada on Appeal From Court of Queen's Bench for Lower Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Factor's Lien, Pledge by Partner, Notice to Pledgee, Revendication (replevin), Running Account and Imputation of Payments, Intervention / Locus Standi
Source Language
English
Agency Partnership Security (pledge/lien) Property Civil Procedure Res Judicata Factor's Lien Pledge by Partner +4 more

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Parties

Alexander Dingwall

Appellant (intervenant)

George McBean

Respondent (plaintiff)

Procedural Posture

Civil Appeal (property/agency/pledge) / Final Appeal to Supreme Court of Canada on Appeal From Court of Queen's Bench for Lower Canada

Legal Issues

  1. 1 Whether a factor or partner entrusted with goods may validly pledge them and whether the pledgee's lien remains valid despite notice that the consignor was an agent
  2. 2 Whether a pledgee must apply receipts or credits so as to release specific goods after notice of third‑party ownership
  3. 3 Whether the intervenant is barred by res judicata or lacks locus standi once the goods have been sold and no longer remain in specie

Ratio Decidendi

A pledgee/consignee who advances in good faith on consignments has the same rights as if the consignor were absolute owner and may retain goods for the general balance due notwithstanding notice of the consignor's agency; where goods have been sold and proceeds received the third party's remedy is a claim for money, and interventions claiming a lien are barred or ineffectual once goods are no longer in specie.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.