Lecomte v. O'Grady

Lecomte v. O'Grady

Majority held that the printed unconditional promise to pay, signed by the maker, was the operative obligation and that the handwritten memorandum requiring surrender of stock certificates was not an integral condition altering that obligation; therefore the document was a valid promissory note and the Court of...

Source-derived case information.

Citation
(1918) 57 SCR 563
Parties
Appellant: Joseph Lecomte; Respondent: J. M. De C. O'Grady
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 December 1918
Procedural Posture
Appeal From the Court of Appeal for Manitoba on a Stated Case (promissory Note) / On Appeal to the Supreme Court of Canada; Motion to Quash Jurisdiction Heard and Dismissed; Merits Heard on Stated Case
Outcome
Appeal dismissed with costs; judgment of the Court of Appeal affirmed.
Legal Topics
Promissory Note, Final Judgment, Stated Case, Conditional Payment, Bills of Exchange Act Interpretation, Negotiability
Source Language
english
Commercial Law Negotiable Instruments Civil Procedure Appellate Jurisdiction Promissory Note Final Judgment Stated Case Conditional Payment +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph Lecomte

Appellant

J. M. De C. O'Grady

Respondent

Procedural Posture

Appeal From the Court of Appeal for Manitoba on a Stated Case (promissory Note) / On Appeal to the Supreme Court of Canada; Motion to Quash Jurisdiction Heard and Dismissed; Merits Heard on Stated Case

Legal Issues

  1. 1 Whether the document constituted a promissory note within the meaning of the Bills of Exchange Act
  2. 2 Whether the memorandum requiring surrender of stock certificate made the promise conditional and non‑negotiable
  3. 3 Whether the Court of Appeal's decision was a final judgment for Supreme Court of Canada jurisdictional purposes

Ratio Decidendi

Majority held that the printed unconditional promise to pay, signed by the maker, was the operative obligation and that the handwritten memorandum requiring surrender of stock certificates was not an integral condition altering that obligation; therefore the document was a valid promissory note and the Court of Appeal's judgment disposing of that substantive issue was final, giving the Supreme Court jurisdiction to affirm the judgment.

Court Disposition

Appeal dismissed with costs; judgment of the Court of Appeal affirmed.

Orders

  • Motion to quash appeal dismissed with costs.
  • Appeal on merits dismissed with costs; judgment of the Court of Appeal affirmed.