In what circumstances will a court find that the payee of a banknote intended to release all claims against them?
Saskatchewan, Canada
The following excerpt is from MacMillan v. MacMillan, 1974 CanLII 907 (SK QB):
In Edwards v. Walters, [1896] 2 Ch. 157, Kay L.J. said at p. 172: “With every desire to assist the defendants in a case in which it seems clear that the payee of the note intended to release all claim against them, I feel bound to hold that he has not carried out that intention effectually.”
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