Banque Provinciale du Canada v. McClure, [1966] N.B. Law News No. 74 (QB)

JudgeDickson, J.
CourtCourt of Queen's Bench of New Brunswick (Canada)
Case DateSeptember 19, 1966
JurisdictionNew Brunswick
Citations[1966] N.B. Law News No. 74 (QB)

Provincial Bk. v. McClure, [1966] N.B. Law News No. 74 (QB)

MLB Law News

La Banque Provinciale du Canada (a duly chartered Bank) (plaintiff) v. John McClure (defendant)

La Banque Provinciale du Canada (a duly chartered Bank) (plaintiff) v. John McClure and Blanche McClure (defendants)

(54-55/65/C; Archives RS48/1965/54)

Indexed As: Banque Provinciale du Canada v. McClure

New Brunswick Supreme Court

Queen's Bench Division

Dickson, J.

September 27, 1966.

Summary:

Promissory Note - Guarantee - Defendant was president of a company which was maker of a promissory note in favour of Plaintiff. Defendant personally signed a guarantee for the amount of indebtedness. Subsequently, the company went bankrupt and Plaintiff claimed against Defendant on the guarantee. Held Defendant liable on guarantee where Plaintiff makes reasonable attempts to recover under the security.

Guarantee and Indemnity - Topic 1049

Liability of surety to creditor - Action against surety - General - Paragraphs 1 to 24.

Counsel:

Robert C. Rice, for the plaintiff;

P.E. Pelletier, Q.C., for the defendants.

This case was tried at Madawaska Circuit on June 24 and 25, 1965, before Dickson, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on September 19, 1966, which was filed on September 20, 1966.

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