Leader v Leader

CourtCommon Pleas Division (Ireland)
Judgment Date11 Nov 1871

Com. Pleas.


Jones v. Carter 8 Q. B. 134.

Moses v. MacferlanENR 2 Burr. 1005.

Barlow v. BrowneENR 16 M. & W. 126.

Rogers v. KellyENR 2 Camp. 123.

Money had and received Plaintiff equitably to th Money Absence of Legal Privity.

20 THE IRISH REPORTS. [I. LEADER v. LEADER. Money had and received-Plaintiff equitably entitled to, the Money-Absence of Legal Privity. The legal estate in lands being vested in trustees, and the Plaintiff equitably entitled to the rents, by his direction a tenant, holding under the trustees, paid his rent to the Defendant in discharge of an annuity claimed by the latter as charged upon the land ; and the Plaintiff sought, by an action for " money had and received," to recover back the money so paid : Held, that he was not entitled to sustain the action. ACTION for 495, money had and received. The indorsement stated that the sum sought to be recovered was composed of certain gales of an annuity of 90, paid by the Plaintiff in mistake and ignorance. At the trial, before MONAHAN, C. J., at the Sittings after Easter Term, 1871, it appeared that the lands of Bawnmore were vested in trustees for a term still subsisting, and that the Plaintiff hayÂÂing, upon the death of his father, become equitably entitled to the rents, and the Defendant having applied to him for payment of a half-yearly gale of an annuity of 90, alleged to be charged on the lands, a tenant named Hayes, who held under the trustees, paid, by the Plaintiff's direction, the sum of 90 a year, part of his rent, to the Defendant, in discharge of the alleged annuity. This continued for five years and a half, the Plaintiff being, during all that time, under the impression that the Defendant was entitled to the annuity ; but having, upon an inspection of the deed by which the annuity was alleged to have been granted, come to the conclusion that the Defendant was not entitled to it, he brought the present action to recover from the Defendant the sum of 495 which he had so received from Hayes. In this state of facts, the Chief Justice directed a verdict for the Defendant, reserving liberty to the Plaintiff to apply to have a verdict entered for him, the Defendant to be at liberty to insist that he was entitled to the annuity, and also that an action for VOL. VI.] COMMON LAW SERIES. money had and received could not, under the circumstances, be ann. Pleas maintained. 1 871. A conditional order having been obtained pursuant to the leave reserved Murphy...

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