Luke Healy v Charles Copland

JurisdictionIreland
Judgment Date15 January 1850
Date15 January 1850
CourtQueen's Bench Division (Ireland)

Queen's Bench

LUKE HEALY
and

CHARLES COPLAND.

Clements v. FlightENR 16 M. & W. 42.

Archer v. WilliamsENR 17 Law Jour. C. P.82; S. C. 2 Car. & K. 26.

Jones v. DowleENR 9 M. & W. 19.

Norman v. Reid 10 Ir. Law Rep. 207.

Partridge v. Bank of England 9 Ad. & El., N. S. 396.

Philips v. RobinsonENR 4 Bing. 106.

372 CASES AT LAW. H. T. 1850. Queen's Bench LUKE HEALY v. CHARLES COPLAND. Jan. 15. The 11 & 12 Tnis was an action brought against the defendant, one of the public Vie. c. 124 (Local and officers of the Royal Bank of Ireland, to recover certain Grand Personal), provides for Canal debentures. the conversion The declaration, which was filed in Hilary Term 1849, contained of Grand Ca nal debentures two counts in debt-one for money had and received, and the other into stock, either by the on an account stated ; and it also contained a count in detinue, production of the debentures describing the articles detained as " certain securities for money, or proof of their destruction or "deeds, specialties, parchment writing, pieces of parchment, debenÂloss ; and in the one case " tures, goods and chattels of the plaintiff, to wit seven debentures, the Company are bound to "commonly called Grand Canal debentures, each purporting to be a register the holder, in the "security of £100, late Irish currency, seven parchment writings," other the pro prietor. &c., to be re-delivered by the defendant to the plaintiff when so Certain de- requested.-Breach, non-delivery, and that the defendant has de- bentures had been left in the tamed,k stock- of o hands an tamed, and still detains the same from the plaintiff. h brokers by the The defendant pleaded nil debet and non detinet ; and for a plaintiff, o received the further plea, that before the detention in the declaration mentioned, interest on them until the to wit on the 1st of November 1845, the plaintiff deposited the de-stockbrokers deposited them bentures with the firm of Labertouche and Stafford, in order that with the de fendant as a they might, by pledging or selling the same, raise such sum or sums security on advances of money as could be reasonably obtained thereupon, to be accounted made to them ; the plaintiff for by them to the plaintiff, and that Labertouche and Stafford was entered in tbe books of the deposited them, with other securities, with the defendant as a Company as the proprietor pledge and security for a sum of £2000 then and there lent by of stock re- the Royal Bank to Labertouche and Stafford, and that that sum presenting seven lost de still remained due and unpaid. bentures. Held, that The defendant pleaded further that before and at the time of the detinue did not lie at ntif plai e th suit of detention, and of the delivery of the debentures to the defendant, f to recover these interest was payable to the holder for the time being ; and that debentures, he not having any according to the custom of the Canal Company, the bankers, broÂproperty in them at the commencement of the action. CASES AT LAW. 373 kers and merchants of Ireland, the said debentures had become transferrable by delivery ; and that before, and soforth, to wit &c., Labertouche and Stafford, then and there being the holders of the debentures, deposited them with the defendant as a pledge and security for £2000, then and there lent and advanced by the defendant to them without any notice to them of the right of any other person to them ; and that Labertouche and Stafford were enabled to lodge and deposit the same by the sufferance and neglect of the plaintiff, and that the £2000 still remained due and unpaid. The plaintiff joined issue on the pleas of nil debet and non detinet, and replied to the first special plea, traversing the averment of the purpose of the deposit with Labertouche and Stafford. To the second special plea plaintiff replied...

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