Kinlan v Ulster Bank, Ltd

• Jurisdiction: Ireland
• Judgment Date: 26 July 1928
• Date: 26 July 1928
• Docket Number: (1926. No. 460.)
• Court: Supreme Court (Irish Free State)

S. C.,

Kinlan

and

Ulster Bank, Ltd.

Wrongful refusal by bank to pay customer's cheques - Cheques payable to customer himself - Action for breach of contract - Measure of damages - Special damage.

Plaintiff brought an action against the defendants, a bank, alleging that they had money standing to the credit of his current account, and that he had suffered damage by the defendants' breaches of contract in not paying out of his moneys in their hands applicable to that purpose four cheques drawn by him and duly presented for payment on four different dates. He claimed £200 special damage for loss and damage sustained in rescinding a contract to purchase certain premises from the defendants. All the four cheques were drawn payable to the plaintiff himself. The main defences pleaded were that the money lodged by the plaintiff with the defendants was not applicable to the payment of cheques drawn by the plaintiff, being lodged in connection with a proposed mortgage of the premises which the plaintiff had contracted to purchase from them; that three of the cheques alleged to have been presented for payment were not in fact presented, and that, as regards the fourth cheque, no damage was suffered by the plaintiff by reason of its non-payment; that at most the plaintiff was entitled to nominal damages, and as to the whole action they paid into Court £10 as sufficient to satisfy the Plaintiff's claim. At the trial of the action the jury found that the four cheques were presented for payment; that at the time of presentation there was a sum of money standing to the plaintiff's credit; that that money was lodged by the plaintiff to his current account, and so accepted by the defendants; that there was no agreement between the plaintiff and the defendants whereby the...