An Application in Interpleader by The Rev. James B. Bristow

• Jurisdiction: Ireland
• Judge: K. B. Div.
• Judgment Date: 06 December 1905
• Court: King's Bench Division (Ireland)
• Date: 06 December 1905

In The Matter Of An Application In Interpleader By The Rev. James B. Bristow (1).

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1906.

Assignment of chose in action — Receiver by way of equitable execution appointed before notice of assignment served — Priorities — Supreme Court of Judicature Act (Ireland), 1877, s. 28, sub-s. 6 — Interpleader — Costs

An assignee for value of a debt has priority over a person who subsequently obtains an order appointing him receiver by way of equitable execution over such debt, although the order was obtained before notice of the assignment was given by the assignee to the debtor.

Interpleader Summons.

On the 26th October, 1905, in an action in the King's Bench Division, in which James F. I. Corballis was plaintiff, and the Rev. James B. Bristow, the applicant in the present summons, was defendant, a sum of £50 was assessed by the Master of the Division as the damages payable by the defendant to the plaintiff in that action.

By an indenture, dated the 27th October, 1905, James F. I. Corballis, in consideration of the sum of £58 19s. 3d. paid to him by William G. Armstrong, his solicitor in the above action, assigned the said sum of £50, recovered in the action, to the said W. G. Armstrong, absolutely. The assignment was executed at 10.40 a.m. on the 27th October. Notice in writing of the assignment was sent by registered letter to Mr. Bristow on the same day, the letter being posted at 11.15 a.m. It was received by Mr. Bristow the following morning.

At 11.10 a.m. on the 27th October, 1905, an order was made by Gibson, J., in an action in the King's Bench Division, in which Major M. J. C. Dennis was plaintiff, and the said James F. I. Corballis was defendant, appointing William R. C. Richardson, Major Dennis's solicitor, receiver by way of equitable execution over the sum of £50 assessed as damages in the action of Corballis v. Bristow. The order referred to a judgment obtained in the action of Dennis v. Corballis, on the 24th January, 1905, for £65 16s., and to an affidavit of W. R. C. Richardson, whereby it appeared that the Rev. J. B. Bristow was indebted to the defendant in the sum of £50 for damages assessed on the 26th October, inst., before the master in the action of Corballis v. Bristow, and ordered that Mr. W. R. C. Richardson, on behalf of Major Dennis, should be appointed “receiver by way of equitable execution (without salary or security) over the said amount so due to the defendant as aforesaid...