Bank of Ireland v Connell and Others
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 25 February 1942 |
| Date | 25 February 1942 |
(S.C.),
Bank of Ireland
and
Connell and Others
Summary summons -Special indorsement - Guarantee - Necessity for pleading demand for payment - Whether demand a part of cause of action or condition precedent -Whether must be for specific sum - Wrong demand pleaded - Amendment of pleading when Statutes of Limitations involved - Conditions precedent implied in pleading - Rules of Supreme Court (Ir.), 1905, Or. III, r. 6; Or. XIX, r. 4; Or. XIX, r. 15; Or. XXVIII, r. 1 - Rules of High Court and Supreme Court, 1926, Or. IV, r. 2.
By a contract of guarantee made between the plaintiff bank and the three defendants, the defendants guaranteed the payment of all the debts of J. C. up to a sum of £3,500, with costs, charges and interest from the date of...
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9 cases
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Duffy v Clare County Council
...inWeldon v. Neal (1887) 19 QBD 394, echoed in the prominent 20th century decision of the Supreme Court in Bank of Ireland v. Connell [1942] I.R. 1, and of continuing vitality in the 21st. V. Conclusion 12 For the reasons identified above, the court concludes that (1) the within application ......
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Croke v Waterford Crystal Ltd
... ... plaintiff and appellant has inserted the following "Walter Croke & Others, Plaintiffs/Appellants". As this case is one of a large batch of similar ... ...
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Allied Irish Banks Plc v Doran
... ... /father sought to vitiate a guarantee executed in favour of a bank by reason of a breach of an alleged duty owed by the bank. The defendant ... Writing in this regard, Breslin, J. in Banking Law in Ireland, 3rd ed., observes, inter alia , as follows, at 580-1: ... 14 , Caulfield v. Bolger [1927] I.R. 117 , Bank of Ireland v. Connell [1942] 1 I.R. 1 , Stacey and Harding Ltd v. O'Callaghan [1958] I.R. 320 ... ...
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Lismore Homes Ltd ((in Receivership)) v Bank of Ireland Finance Ltd and Others
... 1992 2 IR 369 RSC O.28 r1 CROPPER v SMITH 1884 CH 700 WELDON v NEAL 1887 19 QB 394 STATUTE OF LIMITATIONS 1957 BANK OF IRELAND v CONNELL 1942 IR 1 KROPS v IRISH FORESTRY BOARD LTD 1995 2 IR 113 RSC 1965 (UK) CROKE v WATERFORD CRYSTAL GLASS LTD 2005 1 ILRM 321 PRIMOR PLC v STOKES KENNEDY......
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