What is the defence of the headnote in a promissory note case?

Saskatchewan, Canada


The following excerpt is from Gwin v. Backus and Draper, 1921 CanLII 155 (SK CA):

In McQuarrie v. Brand, 28 O.R. 69, the headnote is as follows: It is a good defence to an action by the personal representatives of the payee against the maker of a promissory note for value received, that at the time of the making of the note an oral agreement was entered into between the payee and the maker which has been fully performed, that if the latter would pay interest on the note, and, although not liable to do so, would support for life a relative of the former, the note should be considered paid; and evidence to the above effect was held admissible in an action on the note brought after the complete performance of the agreement by the defendant.

Other Questions


Is there any case law that supports the argument that a union has no case law or case law relating to contested positions? (Saskatchewan, Canada)
What is the test for a defence in a defence where there is no plea of justification? (Saskatchewan, Canada)
When will counsel seek to compare facts in an instant cruelty case with those in the reported cases? (Saskatchewan, Canada)
What is the case law on voluntary testimony in a motor vehicle accident case? (Saskatchewan, Canada)
Is it appropriate for the defence to amend its defence to counterclaim? (Saskatchewan, Canada)
What is the test for a defence of defamation in defamation cases? (Saskatchewan, Canada)
What are the defences set up in the statement of defence? (Saskatchewan, Canada)
Is there any case law or case law that deals with title to a property? (Saskatchewan, Canada)
How have courts treated the headnote in cases where a plaintiff was killed by an incandescent lamp socket? (Saskatchewan, Canada)
What is the case law on corroborative evidence in a sexual assault case? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.