Peoples Bank of Halifax v. Estey

Peoples Bank of Halifax v. Estey

Appeal dismissed because either (a) the bank by its sale, delivery instructions and dealings clothed McKendrick with apparent authority to resell, or (b) having represented to the purchaser that McKendrick had bought the logs the bank was estopped from asserting its secret reservation of title; a bona fide purchaser who relied on that representation takes good title.

Citation
(1904) 34 SCR 429
Parties
Appellant / Plaintiff: Peoples Bank of Halifax; Respondent / Defendant: Richard A. Estey
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 March 1904
Procedural Posture
Civil Appeal — Trover/collection (sale of Goods) / Decision on Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick
Outcome
Appeal dismissed with costs; judgment for defendant affirmed.
Legal Topics
Transfer of Property, Apparent Authority to Sell, Estoppel by Representation, Vendor's Reservation of Title, Bona Fide Purchaser for Value
Source Language
English
Property Sale of Goods Estoppel Commercial Law Banking Law Transfer of Property Apparent Authority to Sell Estoppel by Representation +2 more

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Parties

Peoples Bank of Halifax

Appellant / Plaintiff

Richard A. Estey

Respondent / Defendant

Procedural Posture

Civil Appeal — Trover/collection (sale of Goods) / Decision on Appeal to the Supreme Court of Canada From the Supreme Court of New Brunswick

Legal Issues

  1. 1 Whether property in logs passed to purchaser where vendor reserved title until payment
  2. 2 Whether the vendor/bank by conduct and representation clothed a buyer (McKendrick) with apparent authority to resell
  3. 3 Whether the bank's manager's telephone statement estopped the bank from asserting its reserved title

Ratio Decidendi

Appeal dismissed because either (a) the bank by its sale, delivery instructions and dealings clothed McKendrick with apparent authority to resell, or (b) having represented to the purchaser that McKendrick had bought the logs the bank was estopped from asserting its secret reservation of title; a bona fide purchaser who relied on that representation takes good title.

Court Disposition

Appeal dismissed with costs; judgment for defendant affirmed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Supreme Court of New Brunswick (36 N.B. Rep. 169) affirming judgment for defendant is upheld.