Fullerton v Provincial Bank of Ireland

CourtHouse of Lords (Ireland)
Judgment Date03 July 1903
Date03 July 1903

H. L.

Before Lords Macnaghten, Shand, Davey, and Lindley


ELR [1903] A. C. 309.

— Equitable mortgage — Deposit — Antecedent letters — Agreement in writing.

VoL. I.] CHAN CElt Y DIVISION. 483 FULLERTON AND ANOTHER, APPELLANTS ; PROVINCIAL L. BANK OF IRELAND, RESPONDENTS. 1903. July 3. Registry Act (6 Anne, Ir., c. 2)—Equitable mortgage—Deposit—Antecedent letters—Agreement in writing. Held, reversing the decision of the majority of the Court of Appeal in In re Stevenson's Estate ([1902] 1 I. R. 23), that the letters amounted to an agreement to create an equitable charge upon the estate, and in default of registration ranked after the mortgage to the appellants (objectors in the Court of the Land Commission). APPEAL by Messrs. Stevenson and Fullerton from the judgÂment of the Court of Appeal ([1902] 1 I. R. 23). Wylie, KC., and Henry, K.C. (with them R. E. Osborne), for the appellants. The Solicitor-General (Campbell, K. C.), and Gordon, K. C. (with them G. W. Walker), for the...

To continue reading

Request your trial
45 cases
1 books & journal articles
  • Consideration and Form
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Enforceability
    • 4 d2 Agosto d2 2020
    ...the inequality of bargaining power often present in such circumstances. 75 70 Above note 12. 71 Fullerton v Provincial Bank of Ireland , [1903] AC 309 at 313–14 (HL), Lord McNaghten. See also Alliance Bank v Broom (1864), 2 Drew & Sm 289 (Ch); Oldershaw v King (1857), 2 H & N 517 (Ex Ch); M......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT