Ringuette v. Cyr, (1971) 3 N.B.R.(2d) 666 (CA)

• Judge: Hughes, Limerick and Bugold, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: February 16, 1968
• Jurisdiction: New Brunswick
• Citations: (1971), 3 N.B.R.(2d) 666 (CA)

Ringuette v. Cyr (1971), 3 N.B.R.(2d) 666 (CA);

    3 R.N.-B.(2e) 666

MLB headnote and full text

Sommaire et texte intégral

Ringuette v. Cyr

Indexed As: Ringuette v. Cyr

Répertorié: Ringuette v. Cyr

New Brunswick Court of Appeal

Hughes, Limerick and Bugold, JJ.A.

February 19, 1971.

Summary:

Résumé:

The New Brunswick Court of Appeal dismissed the appeal and affirmed the judgment of the trial court in favour of the plaintiff for $5,559 for the balance due on a promissory note.

Negotiable Instruments - Topic 7546

Promissory notes - Consideration - Evidence and proof - Onus of proof - Bills of exchange - The New Brunswick Court of Appeal held defendant liable on a promissory note stated that consideration for the note is presumed and the defendant failed to discharge the onus of proving absence of consideration.

Interest - Topic 3502

Statutory interest - On judgment - Commencement of - Order 58, Rule 18 - The New Brunswick Court of Appeal awarded plaintiff 5% per annum on the amount of a judgment from the date of the judgment to the date of formal entry of judgment where entry of judgment was delayed by appeal.

Cases Noticed:

Sovereign Bank of Canada v. McIntyre (1910), 44 S.C.R. 157, folld.

Statutes Noticed:

Rules of Court, Order 58, rule 18.

Counsel:

Robert C. Rice, for the defendant, appellant;

Paul Pelletier, Q.C., for the plaintiff, respondent.

APPEAL from an unreported judgment of Pichette, J. dated February 16, 1968 in favour of the plaintiff for the balance owing on a promissory note.

The judgment of the Court was delivered by Hughes, J.A.: