Pulos v. Kladis and Lerikos

Pulos v. Kladis and Lerikos
Collection
Supreme Court Judgments
Date
1919-06-17
Report
(1919) 59 SCR 688
Judges
Davies, Louis Henry; Idington, John; Duff, Lyman Poore; Brodeur, Louis-Philippe; Mignault, Pierre-Basile
On appeal from
Quebec
Subjects
Contract
Decision Content
Supreme Court of Canada
Pulos v. Kladis and Lerikos, (1919) 59 S.C.R. 688
Date: 1919-06-17
Pulos v. Kladis and Lerikos.
1919: May 22, 23; 1919: June 17.
Present: Sir Louis Davies C.J. and Idington, Duff, Brodeur and Mignault JJ.
ON APPEAL FROM THE COURT OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC.
Partnerships-Parol evidence—Husband and wife.
APPEAL from the judgment of the Court of King's Bench, appeal side[1], reversing the judgment of the trial court and dismissing the intervention fyled by the appellant.
The appellant Pulos sought to recover payment of a debt due to him by Denis Lazanis, the husband of the intervenant Mary Kladis, out of the one-third interest in a theatrical business carried on in Maisonneuve, which, according to the documentary evidence produced, belonged to Mary Kladis, but which appellant alleged was in truth the property of her husband using her name to shield him from his creditors.
The trial judge maintained the allegations of the appellant and dismissed the intervention fyled by Mary Kladis. The Court of King's Bench reversed this judgment.
The plaintiff appealed to the Supreme Court of Canada, which, after hearing counsel on behalf of both parties, reserved judgment, and, at a subsequent date, dismissed the appeal.
Appeal dismissed with costs.
Aimé Geoffrion K.C. and Thomas Walsh K.C. for the appellant.
J. O. Lacroix K.C. for the respondent, Lerikos.
O. Sénécal K.C. for the respondent, Kladis.
[1] 24 R.L.N.S. 482.