Cassidy v The Belfast Banking Company

• Jurisdiction: Ireland
• Judgment Date: 15 December 1887
• Date: 15 December 1887
• Docket Number: (1887—B. No.4.)
• Court: Exchequer Division (Ireland)

Ex. Div.

Before PALLES, C.B., and ANDREWS,J.

(1887B. No.4.)

CASSIDY

and

THE BELFAST BANKING COMPANY

Veal v. VealENR 27 Beav. 303

Moore v. DartonENR 4 De G. & S. 517

Amis v. WittENR 33 Beav. 619

Witt v. Amis 1 B.& S. 109

Moore v.MooreELR L. R. 18 Eq. 474

Duffield v. ElwesENR 1 Bli. (N.S.) 497, 534

Clement v.Cheesman 27 ch. Div. 631

Austin v. Mead 15 ch. Div. 651

M'Gonell v. Murray Ir. R. 3 Eq. 460.

Moore v. Ulster BankUNK Ir. R. 11 C. L. 512.

Dunne v. Boyd Ir. R. S Eq. 609.

Woodhams v. The Anglo-Australian Assurance companyELR L.R.19 Eq. 74

Hopkinson V. ForsterENR 3 Giff. 238, 250.

Ward v. TurnerENR 2 Ves. Sen. 431

Deposit receipt Donatio mortis causa Practice Jurisdiction Transfer or retention of action.

68 LAW REPORTS (IRELAND). [L. R. I. A deposit receipt in the ordinary form used by Banks may be the subject of a donatio mortis causa ; and this is so, although the receipt is expressed to be not transferable. The Common Law Divisions have jurisdiction to entertain an action to estabÂÂlish a donatio mortis causa, even where the legal right has not passed to the donee ; but in such cases the action is more properly instituted in the Chancery Division. CAUSE SHOWN by the plaintiff against entering the verdict and judgment for the defendants. The action was brought by the plaintiff (Catherine Cassidy) to recover the sum of 200 and interest due by the defendants on foot of a deposit receipt. By her statement of claim the plaintiff alleged that the deposit receipt was handed over to her by Samuel Gilmore as a donatio mortis causa. The defendants by their defence denied the alleged transfer to the plaintiff ; and also pleaded that a deposit receipt could not be the subject of a donatio mortis causa. The action was tried before Mr. Justice Harrison and a jury of the city of Dublin, in the Trinity Sittings, 1887. On behalf of the plaintiff it was proved that she was a serÂÂvant of the deceased, and lived with him seventeen years at Bovidea, Londonderry. On the 1st December, 1886, Gilmore became ill, and was attended by a doctor. He continued ill all the night of the 1st and morning of the 2nd December. About 3.30 P. M., he called the plaintiff and told her to bring him his pen, ink, and spectacles. Plaintiff did so, and then, at his reÂÂquest, handed him his box. Gilmore then opened the box, and took out the deposit receipt. [The deposit receipt was for the sum (1) Before PALLES, C.B., and ANDREWS, J. Vol,. XXII.] Q. B. & EX. DIVISIONS. 69 of 200, lodged in the Coleraine Branch of the defendant's Ex. Div. Bank. It was in the name of Samuel Gilmore, and was signed 1887. by the manager and accountant of that Branch. . It bore the date CASSIDY of the 18th August, 1886.] Gilmore then placed the deposit BELFAST receipt on the table, and sat down at the table and commenced toAB ITKING Co. write on it. Plaintiff then remarked to him that it was like a cheque he was writing on. Gilmore replied that he knew what he was doing, and said :-" If I live this will be all right to me again, and if I die it will be of use to you." Gilmore then handed the receipt to her and asked, "Are you fit to read that ?" She then read out what he had written on the back of it, which was as follows :-" I endorse this deposit receipt to Catherine Cassidy of Bovidea, dated this 2nd December, 1886." He then threw himself on the bed, and said he was very ill. He then said to plaintiff, " Give me that cheque again, and reach me my pen." The plaintiff gave him the pen and the receipt ; and he wrote his name "Samuel Gilmore" underneath what he had written on the back. He then gave her back the receipt and repeated the same words he used when he first gave it to her. He then went into bed. Plaintiff's father then came into the room, and Gilmore said that he wished he had kept the doctor all day, and said, "I feel very ill, I am sorry I cannot get time to rightify you ones, as you ones were faithful servants to me." Plaintiff's father then left for the doctor, who came about three-quarters of an hour afterwards. The doctor said to him, "If you have anything to rightify, better for you to do it." Gilmore said, "If you think I am in danger, I will do it." A sheet of paper was given to the doctor; and GilÂÂmore commenced to dictate to him the terms of his will, which the doctor noted down on paper. Gilmore made no mention of the deposit receipt. The doctor then drew up the will ; but Gilmore was unable to...