Hibernian Bank v Cogan

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1944
• Date: 01 January 1944

Hibernian Bank

and

Cogan

Restriction on mortgaging or charging - Charge in excess of permitted amount - Deed of charge executed in May, 1923, as security for present and future advances -Promissory note as collateral security - Payments made and fresh notes given from time to time for balance - Last note given in 1931 dishonoured and no further payments made - Whether balance due as a new and distinct transaction or on foot of original advance - Whether deed of charge valid for whole of balance due - Restriction on amount of charge under the Irish Land Act,1903 (3 Edw. 7, c. 37), s. 54, sub-s. 3 - Repeal of restriction by the Land Act, 1923 (No. 42 of1923), s. 78 - Whether notwithstanding repeal, the restriction still attached to the deed of charge.

1. Sect. 54, sub-s. 3, of the Irish Land Act, 1903 (3 Edw. 7, c. 37) provides that the proprietor of a holding, for the purchase of which the Land Commission have made an advance under the Land Purchase Acts...