O'Gorman v Long

CourtHigh Court
Judgment Date01 January 1959
Date01 January 1959

Claim for liquidated sum - Sufficiency - Rules of the High Court and Supreme Court, 1926, O. 15, r. 1.

G. issued a summary summons, specially endorsed, claiming £771 10s. 3d. for goods sold and delivered. With it he served on the defendant an affidavit which merely stated that "this action is to recover the sum of £771 10s. 3d. being money due by the defendant to him the plaintiff for goods sold and delivered and for work and labour done." When the summons finally came before the Master, no affidavit having been received from the defendant, the Master gave judgment for the full amount claimed in the summary summons and measured costs. On an application to set aside the judgment, held by Murnaghan J.: The plaintiff's affidavit grounding the summons was...

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1 cases
  • Governor and Company of Bank of Ireland v Paul Keehan
    • Ireland
    • High Court
    • 16 September 2013
    ...Geoghegan J, 30/3/2012) and Bank Of Scotland Plc v Stapleton [2012] IEHC 549, (Unrep, Peart J, 29/11/2012) approved - O'Gorman v Long (1959) 93 ILTR 3 distinguished - Rules of the Superior Courts 1986 (SI 15/1986), O 63, r 9 - Bankers Book Evidence Act 1879 (57 & 58 Vict c 56), ss 3, 4, 5 ......

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