McENEANEY v SHEVLIN

• Jurisdiction: Ireland
• Judge: Ross, J.
• Judgment Date: 23 January 1912
• Court: Court of Appeal (Ireland)
• Date: 23 January 1912

McEneaney

and

Shevlin.

Appeal.

CASES

DETERMINITD BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND.

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1912.

Assignment of chose in action — Deposit receipt — Transfer of beneficial interest in — Judicature (Ireland) Act, 1877 (40 & 41 Vict. c. 57), sect. 28 (6).

In order to transfer the beneficial interest in a deposit receipt, a written assignment is unnecessary. It is sufficient if the deposit receipt is surrendered to the bank, and a new deposit receipt taken out, with intent to pass the beneficial interest, in the names of the persons to whom the depositor intends to pass the beneficial interest.

S., the owner of a deposit receipt for £900, surrendered the same to the bank, and directed a new deposit receipt to be made out in the names of himself and his two nephews, with the intention that the interest in the same should at his own death pass to his nephews. S. subsequently died.

Held, affirming the decision of Ross, J., ante, p. 32, that there had been an effectual transfer of the beneficial interest, and that at the death of A. the same passed to the two nephews.

Appeal by the plaintiff from the judgment of Ross, J., dismissing the action with costs. The trial of the action is reported ante, p. 32.

Chaytor, K.C., and Calvert (with them S. L. Brown, K. C.), for the appellant.

Serjeant Moriarty, K.C., T M. Healy, K.C., and Vincent Rice, for the respondents.

The Court (the Lord Chancellor and Lords Justices Holmes and Cherry) dismissed the appeal with costs.

W. G.

McEneaney

and

Shevlin.

Ross, J.

CASES

DETERMINITD BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND.

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1912.

Assignment of chose in action — Deposit receipt — Transfer of beneficial interest in — Judicature (Ireland) Act, 1877 (40 & 41 Vict. c. 57), sect. 28 (6).

In order to transfer the beneficial interest in a deposit receipt, a written assignment is unnecessary. It is sufficient if the deposit receipt is surrendered to the bank, and a new deposit receipt taken out, with intent to pass the beneficial interest, in the names of the persons to whom the depositor intends to pass the beneficial interest.

S., the owner of a deposit receipt for £900, surrendered the same to the bank, and directed a new deposit receipt to be made out in the names of himself and his two nephews, with the intention that the interest in the same should at his own death pass to his nephews. S. subsequently died.

Held, that there had been an effectual transfer of the beneficial interest, and that at the death of A. the same passed to the two nephews.

Trial of Action.

The facts are fully stated in the judgment of Ross, J. The action, which was brought by the plaintiff, suing as the administrator of Nicholas Shevlin, deceased, claimed (1) a declaration that the defendants, Thomas Shevlin and Joseph Shevlin, held as trustees for the plaintiff a deposit for £900 with the National Bank, Ltd., at Carrickmacross branch, which, prior to the 7th August, 1909, was in the sole name of Nicholas Shevlin, and was, on the 7th August, 1909, transferred into the names of the said Nicholas Shevlin and the said defendants, and which, subsequently to the death of the said Nicholas Shevlin, was transferred to and now was in the joint names of the said defendants; (2) a declaration that the said sum of £900 and all interest accrued thereon formed part of the estate of the said Nicholas Shevlin; (3) an injunction to prevent the defendants, Thomas Shevlin and Joseph Shevlin, from disposing of, cashing, or otherwise parting with the possession of the said deposit receipt; (4) an injunction to prevent the defendants, the National Bank, Ltd., from cashing the said deposit receipt, or otherwise parting with the possession and control of the said sum of £900, and the accumulated interest thereon.

The...