Burrows Ltd. v. Subsurface Surveys, [1966] N.B. Law News No. 23 (QB)

• Judge: Barry, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 02, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 23 (QB)

Burrows Ltd. v. Subsurface Surveys, [1966] N.B. Law News No. 23 (QB)

MLB Law News

Subsurface Surveys Ltd. and G. Murdoch Whitcomb (defendants/appellants) v. John Burrows Ltd. (plaintiff/respondent)

Indexed As: Burrows (John) Ltd. v. Subsurface Surveys Ltd.

New Brunswick Supreme Court

Queen's Bench Division

Barry, J.

June 2, 1966.

Summary:

Promissory Note - Plaintiff awarded $42,000. plus interest without costs for claim on promissory note. Held that pre-payment privilege on unmatured note did not render promissory note invalid. Held that Plaintiff could rely on acceleration clause for default despite previous late acceptance of interest payments. Held Defendant not mislead by conduct of Plaintiff.

Negotiable Instruments - Topic 6001

Promissory notes - General principles and definitions - Promissory note defined - See paragraphs 1 to 21.

Negotiable Instruments - Topic 8303

Promissory notes - Payment - Acceleration of debt - See paragraphs 1 to 21.

Counsel:

W.L. Hoyt, for the plaintiff;

E. Neil MacKelvey, Q.C., for the defendant.

This case was heard before Barry, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on June 2, 1966.