Dublin City Distillery Ltd v Doherty

• Jurisdiction: Ireland
• Judge: H. L.
• Judgment Date: 17 July 1914
• Court: Chancery Division (Ireland)
• Date: 17 July 1914

Dublin City Distillery, Limited

and

Doherty.

H. L.

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1914.

Company — Constructive delivery — Delivery warrant — Whiskey stored in distiller's warehouse — Bill of sale — Registration — Mortgage or charge — Debentures — Unregistered debentures issued after commencement of Companies Act, 1900, secured by trust deed executed before Act — Winding up — Appeal by liquidator — Sanction of Court — Bills of Sale (Ireland) Act, 1879 (42 & 43 Vict. c. 50), s. 4 — Companies Act, 1900 (63 & 64 Vict. c. 48), s. 14 — Companies (Consolidation) Act, 1908 (8 Edw. 7, c. 69), s. 151.

Appeal from an order of the Court of Appeal affirming the order of Barton, J. See case reported [1912] 1 I.R. 349, 363, sub nom. Doherty v. Kennedy.

Younger, K.C. (of the English Bar), and A. Alfred Dickie, for the appellants.

Ronan, K.C., and Herbert Wilson, K.C. (with them, Cave, K.C., of the English Bar, and J. Walker Doherty), for the respondent.

The House of Lords reversed the order appealed from in so far as it declared that the respondent was entitled to a valid pledge of the whiskey comprised in the delivery warrants, and that such warrants did not require registration. The House of Lords affirmed the order in so far as it declared the respondent entitled to a lien for the amount of his advances on the debentures, although unregistered, issued to him after the commencement of the Companies Act, 1900, to the extent of the property comprised in the trust deed (unregistered) executed in 1895, securing such debentures.

A preliminary objection having been taken by the respondent that the appeal was incompetent inasmuch as leave to appeal had not been obtained from Barton, J., by...