Bayne et al. v. The Eastern Trust Company et al., (1897) 28 SCR 606

Supreme Court of Canada

Bayne et al. v. The Eastern Trust Company et al., (1897) 28 SCR 606

Date: 1897-11-09

Bayne et al. v. The Eastern Trust Company et al.

1897: Nov. 9.

Present:—Sir Henry Strong C.J. and Taschereau, Sedgewick, King and Girouard JJ.

Trustees — Misappropriation—Surety — Knowledge by cestui que trust—Estoppel—Parties.

APPEAL from the judgment of the Supreme Court of Nova Scotia (sub nomine Eastern Trust Co. v. Forest et al.)[1] en banc affirming the decision of Mr. Justice Meagher at the trial (1) in favour of the plaintiffs.

After hearing counsel for both parties the court dismissed the appeal for the reasons given in the court below but without delivering any judgment in writing.

Appeal dismissed with costs.

Ross Q.C. for the appellants.

McInnes for the respondent.