Jukes v. Donald

Jukes v. Donald

Where the funds advanced to the primary debtor were in fact the respondent's and the debt and guarantee were assigned to her, the assignment vested the debt in her and she was entitled to recover; notice to the guarantor was sufficient in those circumstances despite there having been no notice to the primary debtor.

Citation
(1920) 60 SCR 652
Parties
Appellant (guarantor): Jukes; Respondent (assignee/plaintiff): Donald
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 November 1920
Procedural Posture
Appeal From the Court of Appeal for British Columbia / Decision on Appeal to the Supreme Court of Canada
Outcome
Appeal dismissed with costs.
Legal Topics
Guarantee, Assignment of Debt, Notice to Parties, Chose in Action, Set Off
Source Language
English
Contract Suretyship Assignment Debtor and Creditor Law Guarantee Assignment of Debt Notice to Parties Chose in Action +1 more

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Parties

Jukes

Appellant (guarantor)

Donald

Respondent (assignee/plaintiff)

Procedural Posture

Appeal From the Court of Appeal for British Columbia / Decision on Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether an assignment of a debt and covenant of guarantee to the person who was the true owner of the advanced funds vested enforceable rights in the assignee
  2. 2 Whether notice given to the guarantor but not to the primary debtor affected the assignee's right to recover
  3. 3 Whether the moneys advanced were the respondent's own funds or funds of the estate held in trust

Ratio Decidendi

Where the funds advanced to the primary debtor were in fact the respondent's and the debt and guarantee were assigned to her, the assignment vested the debt in her and she was entitled to recover; notice to the guarantor was sufficient in those circumstances despite there having been no notice to the primary debtor.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.