National Bank v McManmon

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 03 June 1926
• Docket Number: (1926. No. 2558.)
• Date: 03 June 1926

National Bank v. M'Manmon.

THE NATIONAL BANK, Limited

Plaintiffs

and

ANTHONY M'MANMON and Others, Defendants (1)

(1926. No. 2558.)

Supreme Court.

Practice - Transfer of Action - Action commenced in High Court - Transfer to the Circuit Court - Jurisdiction - Claim on contract - Principal and interest - Amount under £300 at issue of writ - £300 exceeded at date of motion to transfer - Costs - Courts of Justice Act, 1924 (No. 10of 1924), sects. 25 and 48, clause (ii).

By sect. 48, clause (ii), of the Courts of Justice Act, 1924, the Circuit Court has jurisdiction in contract and tort (save matrimonial and criminal conversation actions) when the claim does not exceed £300. By sect. 25, when an action is pending in the High Court which might have been commenced in the Circuit Court, the High Court may, unless it considers the action fit to be retained in that Court, transfer such action for trial to the Circuit Court.

The plaintiffs issued a writ claiming £297 13s. 7d., of which £263 3s. 1d. was for principal, and £34 10s. 6d. for interest alleged to be due under a guarantee. The statement of claim endorsed on the writ also claimed further interest at the current bank rate until payment or judgment. The defendants applied for an order that the action might be transferred for trial to the Circuit Court, and in their affidavit in support of the application they denied that they signed a guarantee, and alleged that the document they did sign was merely a request to the plaintiffs to grant an overdraft.

When the motion to transfer the action came before the High Court, the plaintiffs' claim, with accruing interest, exceeded £300.

Held (reversing Sullivan P.) that, as, on the figures, the claim of the plaintiffs would, at the date when the Circuit Judge would have to make his decree, exceed £300, the action was outside the jurisdiction of the Circuit Court, and could not be transferred.

Appeal by the plaintiffs from an order made by Sullivan P. on April 23rd, 1926, directing that the action be transferred for trial before the Circuit Court of the Western Circuit at the then next sessions to be held at Belmullet, County Mayo.

On March 4th, 1926, the plaintiffs issued a writ against Anthony M'Manmon and nine other defendants. The statement of claim endorsed on the writ set out that: "The plaintiffs' claim is for £297 13s. 7d., being money payable by the defendants to the plaintiffs under a guarantee in writing, dated the 15th day of August, 1920...