1959 0. C.
T. wrote a letter agreeing to guarantee payment for goods consigned on del commission to R., on condition that he should be allowed, should occasion arise, to take over the goods consigned. Shortly afterwards the creditor, without giving any notice to T., closed the agency, withdrew some of the goods and permitted others to be seized in execution and removed beyond the reach of T. The creditor did not give T. any authority to take possession of the goods as stipulated in the letter of guarantee. In an action by the creditor to recover the amount of the guarantee : Held, that the condition of the guarantee had not been complied with by the creditor, and that he could not hold the warrantor responsible.
APPEAL from the judgment of the Court of Queen's Bench for Lower Canada, appeal side, reversing the judgment of the Superior Court, district of Montreal, which dismissed the action.
The plaintiffs claim was based on a letter of guarantee signed by the defendant, and sent to the plaintiff's firm, at Bradford, England, which was as. follows:- MONTREAL, December 29th, 1896. A. S. McLAURIN &
DEAR Sins,-I hereby agree to continue the guarantee for £500 which you now hold against the indebtedness of W. E. Ross & Co. for one year more, namely, until the 31st of December, 1897, on the con- *PRESENT :-Sir Henry Strong C. J. and Taschereau, Sedgewick, King and Girouard JJ.