How have the courts dealt with the issue of a promissory note?

British Columbia, Canada


The following excerpt is from Donaldson v. MacInnis, 1999 CanLII 1264 (BC SC):

The same issue presented again in Zubrecki v. Chase[6]. There, the defendants controlled a corporation which held certain mining leases. Those leases had been seized in execution by a judgment creditor of the corporation. The plaintiff paid money to the sheriff to release the execution. To secure repayment of the sum advanced so to do, the defendants and their corporation made a promissory note in favour of the plaintiff. They did not repay the note according to its terms. The plaintiffs sued. The defendants pleaded, among other things, no consideration for the note. That plea failed. The court held, at paragraph 39: 39. In my view there is no merit in the defences put forward by the individual defendants that, as the money was advanced with respect to mining lease nominally owned by the defendant company, they received no consideration for their respective promises to pay. Their relationship with the defendant company is such that the advance of money for the company's benefit is sufficient to support their agreement to repay it.

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