McMeekin and Boscowitz v. Furry

McMeekin and Boscowitz v. Furry

Leopold J. Boscowitz, having intentionally adopted and signed the name 'J. Boscowitz & Sons' and having accepted and later acquired the legal title to the three mineral claims, was personally bound to give Oliver Furry one-half non-assessable interest in those claims; a later unsigned agreement purporting to reduce...

Source-derived case information.

Citation
(1907) 39 SCR 378
Parties
Appellant (plaintiff): Charles W. McMeekin; Appellant (defendant): Leopold J. Boscowitz; Respondent (administrator): Ira Furry, Administrator of the Estate of Oliver Furry, deceased; Respondent: Thomas T. Turner; Respondent: Joseph Boscowitz; Respondent: D. A. Boscowitz; Respondent: F. M. Leonard
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 November 1907
Procedural Posture
Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia / Decision on Appeal (final)
Outcome
Appeal dismissed with costs
Legal Topics
Construction of Contract, Fictitious Signature, Unauthorized Use of a Firm Name, Transfer by Trustee, Statute of Frauds, Mineral Claims
Source Language
english
Contract Property Mining Law Statute of Frauds Construction of Contract Fictitious Signature Unauthorized Use of a Firm Name Transfer by Trustee +1 more

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Parties

Charles W. McMeekin

Appellant (plaintiff)

Leopold J. Boscowitz

Appellant (defendant)

Ira Furry, Administrator of the Estate of Oliver Furry, deceased

Respondent (administrator)

Thomas T. Turner

Respondent

Joseph Boscowitz

Respondent

D. A. Boscowitz

Respondent

F. M. Leonard

Respondent

Procedural Posture

Appeal to the Supreme Court of Canada From the Supreme Court of British Columbia / Decision on Appeal (final)

Legal Issues

  1. 1 Whether a document signed in an assumed or fictitious firm name binds the signer personally
  2. 2 Whether the locator (Furry) is entitled to a half (1/2) non-assessable interest in the three mineral claims
  3. 3 Whether a subsequent agreement reducing the interest is unenforceable under the Statute of Frauds for lack of a signed writing

Ratio Decidendi

Leopold J. Boscowitz, having intentionally adopted and signed the name 'J. Boscowitz & Sons' and having accepted and later acquired the legal title to the three mineral claims, was personally bound to give Oliver Furry one-half non-assessable interest in those claims; a later unsigned agreement purporting to reduce that interest was void under the Statute of Frauds.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs