Darcy v Burke

• Jurisdiction: Ireland
• Judgment Date: 18 January 1850
• Date: 18 January 1850
• Court: Court of Common Pleas (Ireland)

Common Pleas.

DARCY

and

BURKE.

Case of Suttonƒ€™s HospitalUNK 10 Rep. 29, b.

The King v. Patrick and PepperENR 1 Leach, C. C. 253.

Eton College caseENR 2 Dyer, 150, a, pl. 85.

The Queen v. The Registrar of Joint Stock Companies 10 Ad. & El. N. S. 839.

May v. Hodges 5 Ir. Law Rep. 584.

Fletcher v. CrosbieENR 9 M. & W. 252.

Corner v. ShewENR 3 M. & W. 350.

Reynolds v. WalshENR 1 C. M. & R. 580.

French v. WiltshireENR Andrews, p. 67, Flu. 11.

28 CASES AT LAW. H. T. 1850, operates only as a suspension of the remedy, and not an extinguish CommonPleas. , ment of the right. HARTY DAVIS. BALL, J. We wish it to be understood that we are deciding this case only with respect to the effect of an acknowledgment on the rights of the person giving it, and that our decision is not intended to determine what would be its effect as against third parties. Demurrer overruled. n•nnnn•nn... DARCY v. BIJRKE. Jan. 18. A declaration Tao was an action of assumpsit. The declaration contained five contained five special counts special counts upon separate promissory notes, and the usual money upon five pro missory notes, counts. and the usual intlebitatus The declaration commenced as follows :-" Edward Howe Burke counts. The " and Garrett Burke, the defendants in this action, were attached first special count stated "to answer the Rev. John Darcy, the plaintiff in this action, the note as made to the cc Treasurer to the Trustees of the Irish Reproductive Loan Fund, plaintiff or other Trea- " duly nominated in that behalf pursuant to the statute in such surer to the Trustees of "case made and provided." The cause of action was stated in the the Irish Re productive first count as follows : Loan Fund in the county of "For that whereas the said defendants and. one John Burke, in Galway. The second special count as made to the plaintiff or order Treasurer of the Irish ReproÂductive Loan Fund, &c., and the remaining special counts as made to the plaintif or order Treasurer to the Trustees of the Irish Reproductive Loan Fund, &c.; but it was nowhere expressed in them that the plaintiff sued as Treasurer. The indeÂbitatus counts stated the debt to have accrued to the plaintiff as such Treasurer; and the breach alleged damage to the plaintiff as such Treasurer as aforesaid. The society referred to in the declaration was incorporated under the name of" The Irish Reproductive Loan Fund Institution." Held, on special demurrer-First, that the declaration was bad for not setting out the name of the society correctly. Second.-That the breach at the conclusion had reference to the special counts, and that they could not be sustained as referring to a cause of action occurring to the plaintiff in his private capacity. Sernble- The...