Texaco Can. v. Maritime Forwarding, [1966] N.B. Law News No. 24 (QB)

• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 24, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 24 (QB)

Texaco Can. v. Maritime Forwarding, [1966] N.B. Law News No. 24 (QB)

MLB Law News

Texaco Canada Limited, a body corporate (plaintiff) v. Maritime Forwarding Limited, a body corporate (defendant)

(Archives RS48/1964/580)

Indexed As: Texaco Canada Ltd. v. Maritime Forwarding Ltd.

New Brunswick Supreme Court

Queen's Bench Division

Cormier, C.J.Q.B.D.

June 24, 1966.

Summary:

Credit Card Contract - Defendant held liable to Plaintiff for unauthorized purchases of oil products where credit card left with service station for convenience of employees of Defendant (no authorized signature appearing on face of credit card). Defendant held liable for any purchases made by an unauthorized person until notice in writing given to Plaintiff of loss or theft of credit card. Held that intention of parties as evidenced by their acts is effective to extend terms of credit card beyond expiry date.

Creditors and Debtors - Topic 1425

Credit cards - Liability - Unauthorized use - See paragraphs 1 to 12.

Counsel:

Forbes, Miller & White & Radford, for the plaintiff;

Lloyd Keating and J.E. Murphy, Q.C., for the defendant.

This case was heard before Cormier, C.J.Q.B.D., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on June 24, 1966.