Can an insolvent debtor give his own cheque for the amount of lawful debt?
Ontario, Canada
The following excerpt is from Robinson v. McGillivray, 1906 CanLII 28 (ON CA):
So viewing this case, the proposition is reduced to this, that an insolvent debtor may not give his own cheque for the amount of a lawful debt, a proposition not even contended for by counsel for the plaintiff, and not only opposed to the case just cited, but to the reasoning set forth in the judgment in the case of Davidson v. Fraser, 23 A.R. 439, (1897), 1897 CanLII 98 (SCC), 28 S.C.R. 272.
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