Johnston & Ward v. McCartney

Johnston & Ward v. McCartney

The appeal is dismissed because the jury's findings that the plaintiffs agreed with the debtor to extend time and that the debtor's promise to provide life insurance formed part of the consideration were reasonably supported by the evidence; moreover appellants failed to object at trial to any alleged non-direction or to request additional questions, and therefore cannot raise those complaints on appeal.

Citation
[1934] SCR 494
Parties
Appellant/plaintiff: Johnston & Ward; Respondent/defendant: T. P. McCartney
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 March 1934
Procedural Posture
Appeal Concerning Guarantee/surety Liability / Appeal to the Supreme Court of Canada From Supreme Court of Nova Scotia (en Banc) Final Judgment
Outcome
Appeal dismissed with costs; judgment below affirmed.
Legal Topics
Guarantor Liability, Extension of Time, Consideration, Jury Directions, Failure to Object at Trial
Source Language
English
Guarantee and Suretyship Contract Law Civil Procedure Guarantor Liability Extension of Time Consideration Jury Directions Failure to Object at Trial

Case Brief

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Parties

Johnston & Ward

Appellant/plaintiff

T. P. McCartney

Respondent/defendant

Procedural Posture

Appeal Concerning Guarantee/surety Liability / Appeal to the Supreme Court of Canada From Supreme Court of Nova Scotia (en Banc) Final Judgment

Legal Issues

  1. 1 Whether the plaintiffs and debtor agreed to extend time for payment without guarantor consent
  2. 2 Whether there was sufficient consideration for any extension (insurance)
  3. 3 Whether the trial judge misdirected the jury or insufficiently presented the plaintiffs' case

Ratio Decidendi

The appeal is dismissed because the jury's findings that the plaintiffs agreed with the debtor to extend time and that the debtor's promise to provide life insurance formed part of the consideration were reasonably supported by the evidence; moreover appellants failed to object at trial to any alleged non-direction or to request additional questions, and therefore cannot raise those complaints on appeal.

Court Disposition

Appeal dismissed with costs; judgment below affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Supreme Court of Nova Scotia (en banc) affirming trial judgment dismissing action is affirmed.