Liston v Munster and Leinster Bank
| Jurisdiction | Ireland |
| Judgment Date | 03 November 1940 |
| Date | 03 November 1940 |
| Court | High Court |
Mode of trial - Right to trial by jury - Whether action founded on contract or tort - Action by customer against Bank -Damages claimed for negligence and breach of duty owed to customer, or, alternatively, for conversion of cheques and pay orders, or as money had and received - Courts of Justice Act, 1924 (No. 10 of1924), s. 94, Courts of Justice Act, 1928 (No. 15 of 1928), s. 20.
For the purpose of determining whether an action is founded on contract or tort, in order to decided whether, under s. 94 of the Courts of Justice Act, 1924, as amended by s. 20 of the Courts of Justice Act, 1928, a party is entitled to a jury, O'Byrne J. accepted as applicable the principle laid down by Greer L.J. in Jarvis v. Moy, Davies, Smith, Vandervell & Co.ELR [1936] 1 K. B. 399, at p. 405, as follows: —"The distinction in the modern view, for this purpose, between contract and tort may be put thus: where the breach of duty alleged arises out of a liability independently...
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Finlay v Murtagh
...Murtagh Vincent Finlay Plaintiff and John F. Murtagh Defendant Cases mentioned in this report:— 1 Liston v. Munster and Leinster BankIR [1940] I.R. 77. 2 Jarvis v. Moy, Davies, Smith, Vandervell & Co.ELR [1936] 1 K.B. 399. 3 Turner v. StallibrassELR [1898] 1 Q.B. 56. 4 Somers v. ErskineIR [......
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Finlay v Murtagh
...a breach of contract. That case, therefore, throws no light on the present problem. The second case, Liston v. Munster and Leinster Bank 1940 I.R. 77, was an action by the personal representative of a customer of the Bank against the Bank for damages for negligence, alternatively for conver......
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Bank of Ireland v Rowan
...element of contract would not deprive the Defendant of his right to a jury if he had such right. See Liston v. Munster & Leinster Bank (1940) I.R. 77. 8It is, therefore, necessary to consider what was the position prior to the passing of the 1924 Act with regard to the right of a party to h......
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Somers v Erskine
...Smith, Vandervell and Co.ELR [1936] 1 K. B. 399, at p. 405, and accepted by O'Byrne J. in Liston v. Munster & Leinster Bank, LtdIR. [1940] I. R. 77, applied. Somers v. Erskine JOSEPH P. SOMERS Plaintiff and JOSEPH C. ERSKINE, Defendant: and by order to proceed JOSEPH P. SOMERS, Plaintiff, v......