When a joint covenantor gives a bill of exchange for part of a debt secured by the covenant, on which a judgment is recovered, is it a bar to an action against the joint covenantors?

Saskatchewan, Canada


The following excerpt is from Roycroft v. Uglum, 1921 CanLII 289 (SK QB):

One of three joint covenantors gave a bill of exchange for part of a debt secured by a covenant, on which bill judgment was recovered: Held that such judgment was no bar to an action on the covenant against the three, such bill not being averred to have been accepted in satisfaction, or to have produced it in fact. Drake v. Mitchell, 3 East 251 (7 R.R. 449).

Other Questions


Does a common law procedure act, 1854, ch. 125, which enacted that a plaintiff is not entitled to any costs in an action commenced after the action was commenced? (Saskatchewan, Canada)
What is the test for enforcing a foreign judgment in an action in personam? (Saskatchewan, Canada)
Can a plaintiff in a personal injury action commence a second action for damages arising out of the same circumstances? (Saskatchewan, Canada)
Is a joint tenant of a house that was purchased jointly by a husband and wife? (Saskatchewan, Canada)
Does the value of a jointly owned property have to be discounted because the wife’s sister has a joint interest in the property? (Saskatchewan, Canada)
What is the test for a prima facie cause of action in a personal injury action? (Saskatchewan, Canada)
If a vendor takes a personal judgment against a plaintiff, and then withdraws the execution of the contract, what is the effect of the judgment against the vendor? (Saskatchewan, Canada)
Can a party to a consent judgment be made against a property that was to stand as security for the equalization payment? (Saskatchewan, Canada)
What is the effect of rescission after a judgment has been recovered for the purchase money or part of it? (Saskatchewan, Canada)
Is a plaintiff entitled to security for costs under Rule 9 of the Rules as to costs in a personal injury action? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.