Atthill, Appellant; Woods, Respondent

• Jurisdiction: Ireland
• Judgment Date: 26 November 1902
• Court: King's Bench Division (Ireland)

Atthill,

Appellant

and

Woods,

Respondent (1)

K. B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THERE FROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1903.

Loan society — Promissory note — Death of maker — Liability of his executors — Executor de son tort — Limitation of time — Petty Sessions (Ireland) Act, 1851 (14 & 15 Vict. c. 93), sect. 10, sub-sect. 4 — 6 & 7 Vict. c. 91 — 63 & 64 Vict. c. 25.

Proceedings by the treasurer or secretary of a loan society to recover the amount of a promissory note made to him under the Charitable Loan Societies (Ireland) Act, 1843, for the repayment of a loan from the society, may be taken against the personal representative (including an executor de son tort) of a deceased maker.

Proceedings by the treasurer or secretary of a loan society, on notes made to him for the repayment of loans under the above-mentioned Act are subject to the provisions of sect. 10, sub-sect. 4, of the Petty Sessions (Ireland) Act, 1851, and must be brought within six months from the time when the cause of complaint arose.

Case stated by the Justices of County Fermanagh under 20 & 21 Vict. c. 43.

The following are the material facts as appearing from the case stated:—

By a summons, dated the 23rd June, 1902, issued under the 6 & 7 Vict. c. 91, 14 & 15 Vict. c. 93, and 64 & 63 Vict. c. 25, the respondent, “as representative of Margaret Woods, deceased,” was

required to appear at the Petty Sessions at Lack, in the county of Fermanagh, on the 4th July, 1902, to answer the complaint of the appellant (the complainant in the summons), and to show cause why the respondent neglected to pay the appellant the sum of £8 15s. 6d. alleged to be due to him as receiver of Lack Loan Fund Society, on a note dated the 24th July, 1896, and for fines incurred under the rules of the said society. On the hearing of the complaint (which was adjourned to the 5th September, 1902), the note was produced and proved. It was a joint and several promissory note, dated the 24th July, 1896, made by Margaret Woods as borrower and two other persons as sureties, promising to pay Major Irvine, the treasurer for the time being of the Lack Loan Fund Society, at the times and in the manner prescribed by the rules of the said society, the sum of £7, with all the fines which might be incurred by the makers under the rules of the society. The note was upon paper supplied by the Loan Fund Board. It was further proved that Margaret Woods and both the sureties were dead; that the respondent was a son of Margaret Woods, and had after her death entered into possession of her farm and the chattels thereon, and had received sufficient assets to pay the amount due upon foot of the note; and that the full amount claimed was due on foot of the note. The Justices found as a fact that all the original parties to the note were dead; that the amount claimed was due to the Loan Fund Society on foot of the note; that the respondent on the death of Margaret Woods entered into possession of her assets; and that the said assets were more than equal in value to the amount claimed on foot of the note. They stated that on these facts they were of opinion that the respondent was not legally liable for the amount due on foot of the note, as he was not a party thereto, and as it had not been proved to them that the respondent had taken out letters of administration or probate to Margaret Woods, and they therefore marked the case “dismissed on the merits.” On the application of the complainant in the summons, they stated the present case for the opinion of the...