Pesant v. Pesant

Pesant v. Pesant

The Supreme Court held that the promissory note, as executed, delivered and accepted, reflected either a presently binding contractual obligation supported by the mother’s obligation naturelle (sufficient consideration) or a valid don manuel; it was not a donatio mortis causa under art. 762 C.C., and therefore the appellant was entitled to recover the amount from the estate.

Citation
[1934] SCR 249
Parties
Appellant/plaintiff: Dame Yvonne Pesant; Respondent/defendant: Z. Pesant and others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 January 1934
Procedural Posture
Appeal — Civil (contract/succession) / Appeal to Supreme Court of Canada From Court of King’s Bench, Appeal Side, Province of Quebec; Judgment on Appeal
Outcome
Appeal allowed; judgment of Court of King’s Bench reversed and judgment of Superior Court restored in favour of appellant
Legal Topics
Promissory Note, Consideration, Donatio Mortis Causa, Don Manuel (manual Gift), Obligation Naturelle, Enforceability of Negotiable Instruments
Source Language
English
Contract Succession Family Law Commercial Law (bills of Exchange) Promissory Note Consideration Donatio Mortis Causa Don Manuel (manual Gift) +2 more

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Parties

Dame Yvonne Pesant

Appellant/plaintiff

Z. Pesant and others

Respondent/defendant

Procedural Posture

Appeal — Civil (contract/succession) / Appeal to Supreme Court of Canada From Court of King’s Bench, Appeal Side, Province of Quebec; Judgment on Appeal

Legal Issues

  1. 1 Whether the promissory note was a donatio mortis causa and therefore void under art. 762 C.C.
  2. 2 Whether the note was supported by sufficient consideration — specifically an obligation naturelle — to be enforceable
  3. 3 Whether the delivery and acceptance constituted a valid don manuel

Ratio Decidendi

The Supreme Court held that the promissory note, as executed, delivered and accepted, reflected either a presently binding contractual obligation supported by the mother’s obligation naturelle (sufficient consideration) or a valid don manuel; it was not a donatio mortis causa under art. 762 C.C., and therefore the appellant was entitled to recover the amount from the estate.

Court Disposition

Appeal allowed; judgment of Court of King’s Bench reversed and judgment of Superior Court restored in favour of appellant

Orders

  • Appeal allowed
  • Judgment for appellant for the amount of the promissory note