Is a creditor's failure to fill up the name of the drawer of a debtor’s debt dischargeable?

Saskatchewan, Canada


The following excerpt is from Bank of Toronto v. Roeder, 1921 CanLII 106 (SK CA):

In Carter v. White, supra, the headnote is as follows: A debtor gave his creditor a bill of exchange accepted by himself, but with the drawer’s name left blank. The plaintiff at the same time, as a surety, deposited with the creditor certificates of stock in a joint stock company as collateral security for the debt. The debtor died without the creditor having filled in the name of the drawer, and his estate was insolvent. The bill was never presented for payment, nor was notice given to the plaintiff of its non-payment. Held, that the creditor had not discharged the plaintiff from his surety-ship by his omission to fill up the drawer’s name and to give notice of the non-payment of the bill to the plaintiff.

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