Supreme Court of Canada
City of Montreal-Nord v. Guilmette, (1919) 59 S.C.R. 689
Date: 1919-06-02
City of Montreal-Nord v. Guilmette.
1919: May 19; 1919: June 2.
Present: Sir Louis Davies C.J. and Idington, Duff, Anglin, Brodeur and Mignault JJ.
ON APPEAL FROM THE SUPERIOR COURT OF THE PROVINCE OF QUEBEC, SITTING IN REVIEW AT MONTREAL.
Municipal corporation—Promissory note—Practice and procedure— Evidence.
APPEAL from a decision of the Court of Review, at Montreal, affirming the judgment of the trial court and maintaining the respondent's, plaintiff's, action.
The action is brought for the payment of a promissory note signed: "Ville Montréal-Nord, Joseph Boyer, maire, J. A. Cadieux, sec.-trés." The municipality appellant fyled a general denial to the statement of claim; and the appellant having made default to answer to interrogatories on faits et articles, these were declared by the court pro confessis. No other evidence was adduced by either party.
The trial court gave judgment against the appellant for the amount of the note; and the Court of Review held the evidence, the interrogatories declared pro confessis, sufficient to enable the respondent to obtain judgment on his action.
The defendant appealed to the Supreme Court of Canada, which, after hearing counsel for both parties, reserved judgment, and, at a subsequent date, dismissed the appeal with costs.
Appeal dismissed with costs.
L. E. Beaulieu K.C. for the appellant.
Perron K.C. and Gustave Monette for the respondent.
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