Can a special endorsement on a specially endorsed writ contain an allegation that notice of dishonour was given?

Alberta, Canada


The following excerpt is from Shell Canada Products Ltd. v. Eljabi, 1990 CanLII 12360 (AB QB):

Counsel for the plaintiff has submitted for my consideration the case of May v. Chidley, [1894] 1 Q.B. 451. In that case application was made by the plaintiff to enter final judgment on a specially endorsed writ. The plaintiff's claim was on a dis honoured cheque. The endorsement on the writ contained an allegation that notice of dishonour had been given, but the affidavit by the plaintiff verifying the cause of action did not contain such an allegation. The court held that it was not necessary that the affidavit contain an allegation that notice of dishonour had been given. At page 453 Wills J. said: The statement of claim or special endorsement would, it is true, be defective if the allegation of notice of dishonour were omitted, but the verification of the cause of action in the affidavit may be made in general terms.

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