Supreme Court of Canada
LaForest v. Babineau (1906) 37
SCR 521
Date: 1906-05-08
LaForest v. Babineau.
1906: May 8.
Present:—Sedgewick, Girouard, Davies,
Idington and Maclennan JJ.
Promissory note—Deposit
receipt—Notice—Demand for payment— Action.
Appeal from
the judgment of the Supreme Court of New Brunswick, reversing the verdict for
the defendant by McLeod J. at the trial, and ordering a verdict to be entered
for the plaintiff with costs.
The action was on an instrument, signed by
the appellant, in the following form:—
"$1,200 Edmundston,
N.B., July 12th, 1899.
"Received from the Reverend N. P. Babineau the sum of twelve hundred
dollars, for which I am
responsible, with interest at the rate of seven per cent per annum, upon
production of this receipt and after three months' notice.
"Fred.
LaForest."
The declaration contained six counts, the
third count, claiming as on a promissory note, being the only one in question
on this appeal. To this count the defendant pleaded, (1) that he did not make
the note as alleged, (2) that the note was never presented for payment and (3)
that payment was never demanded. By the judgment appealed from the court below,
in effect, held that the plaintiff could recover
[Page 522]
upon the instrument
above set out as a promissory note and that a demand for immediate payment made
by the plaintiff more than three months before the action was brought was a
sufficient notice under the terms of the receipt.
After hearing counsel on behalf of the
appellant and without calling upon counsel for the respondent, the Supreme
Court of Canada dismissed the appeal with costs.
Appeal dismissed with costs.
Hazen K.C. for
the appellant.
Currey K.C. and Stevens K.C. for the respondent.
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