National Bank v McManmon

JurisdictionIreland
CourtSupreme Court (Irish Free State)
Judgment Date03 Jun 1926
Docket Number(1926. No. 2558.)

Supreme Court.

(1926. No. 2558.)
National Bank v. M'Manmon.
THE NATIONAL BANK, Limited
Plaintiffs
and
ANTHONY M'MANMON and Others, Defendants (1)

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).

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, whereby the defendants jointly and severally guaranteed to the plaintiffs the due repayment to them (the plaintiffs) on demand of all advances on any account whatsoever then due or thereafter to be made by the plaintiffs to the Rathill Co-operative Agricultural Society, Limited, together with interest, discount, and other usual banker's charges, provided that they, or any of them, should not be called upon

to pay under a guarantee more than £300 with interest and other charges as therein mentioned on that amount. There is now due and owing to the plaintiffs by the said Rathill Co-operative Agricultural Society, Limited, on foot of such advances a sum in excess of £297 13s. 7d. with accruing interest on the principal sum." From the particulars it appeared that £263 3s. 1d. was due for principal, and that interest between March 21st, 1924, and February 26th, 1926, amounted to £34 10s. 6d. The plaintiffs also claimed further interest at the current bank rate until payment or judgment.

On April 23rd, 1926, when the order transferring the action for trial to the Circuit Court was made, the plaintiffs' claim with accruing interest amounted to £300 14s., and on May 13th, the date of the commencement of the next ensuing sessions held at Belmullet since the issue of the writ, the claim amounted to £301 15s. 2d. for principal and interest.

In an affidavit made in support of the motion to transfer the action for trial to the...

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