Mahony, Public Officer of The National Bank, v The Official Liquidator of The East Holyford Mining Company Ltd

• Jurisdiction: Ireland
• Court: House of Lords (Ireland)
• Judgment Date: 12 July 1875
• Date: 12 July 1875

House of Lords.

MAHONY, PUBLIC OFFICER OF THE NATIONAL BANK,

and

THE OFFICIAL LIQUIDATOR OF THE EAST HOLYFORD MINING COMPANY (LIMITED).

Bell, Brodrick, & Gray L. R. Week. N. 1875, p. 177.

Bankers — Company — Directors.

THE IRISH REPORTS. [I. R. Mr. C. P. Butt, Q. C., and Mr. C. J. Mathew, for the clerk of the markets. Mr. Benjamin, Q. C., Mr. Exham, Q. C. (of the Irish Bar), and Mr. Gates, Q. C., for the Respondent. THE LORDS were of opinion that the construction put upon the words of the Act in the Courts below was correct, and that the judgment must be affirmed. Agents for the Plaintiff in error : Pritchard 8f Sons. Agents for the Defendants in error : Brundrett, Randall, 4- Govett (1). - H. L. (HOUSE OF LORDS.) 1875. July 12. MAHONY, PUBLIC OFFICER OF THE NATIONAL BANK, v. THE OFFICIAL LIQUIDATOR OF THE EAST HOLY-FORD MINING COMPANY (LIMITED). Bankers-Company-Directors. APPEAL against the decision of the Court of Exchequer Chamber (Ir. R. 7 C. L. 169), reversing the judgment of the Court of Common Pleas (Ir. R. 5 C. L. 508). The Liquidator of the Mining Company had brought an action against the public officer of the Banking Company to recover a sum of £3970 at one time standing in the Banking Company's books to the credit of the Mining Company. This sum was comÂposed of sums paid. by persons who had applied for shares in the Mining Company. The case was treated as depending on the count for money had and received, the issue being whether the bankers were enÂtitled to credit for the cheques drawn on and paid by them under the circumstances stated in the case. The cause was heard before Chief Justice Monahan and a special jury at the sittings after Trinity Term, 1870. Ms LordÂship directed a verdict for the amount claimed, leave being reserved to the bankers to have the verdict entered for them. (1) L. R. Week. N. 1875, p. 146. The facts, as they appeared on Chief Justice Monahan's notes, H. L. were in substance these :- 1875. Before July, 1866, E. H. Wadge (who was the proprietor of MAn0NY the " Industrial Magazine," published in Dublin) had. in his OFF17.. LW. employment several persons of humble means, living in different - EAST HOLY FORD MECING parts of that city. Mr. Wadge and two other persons, named COMPANY. Hoare and Hill, determined to set up a Limited Liability Company, to be called the East Holyford Mining Company. The articles of association (which had been registered under the Act) were signed with the names of seven...