Norman v Reid

• Jurisdiction: Ireland
• Judgment Date: 07 November 1846
• Date: 07 November 1846
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

NORMAN

and

REID.

Lang v. Smyth 5 M. & Pay. 78.

Gordon v. Cumming 1 H. & B. 54.

Glyn v. BakerENR 13 East, 509.

Collins v. Martin 1 B. & Pul. 648.

Wookey v. PoleENR 4 B. & Ald. 1.

Peer v. HumphreyENR 2 Ad. & El. 495.

CASES AT LAW. 207 M. T. 1846. Queen'sBeneh. NORMAN v. REID. Nov 7. TROVER against the defendant as the public officer of the Royal Grand Canal Bank of Ireland, for seven Grand Canal debentures. debentures, certifying that The declaration described these debentures as "certain securities A. B. having d .E 100 i "for paid for money, deeds, specialties, parchment writings, pieces of parch- entitled to, ins - " went, debentures, goods and chattels-to wit, seven debentures, terest on the same at the "commonly called Grand Canal Debentures,' each purporting to rate of 6 per "be a security for a sum of 100, late Irish currency ; seven cent - cent. per an num, to be " parchment writings, commonly called Grand Canal Debentures,' paid to him, "each his each purporting to be a security for interest on the sum of 100, executors,administrators " late Irish currency, at the rate of 6 per cent. per annum ; seven and assigns, in yearly pay- " parchment writings, commonly called Grand Canal Debentures' , ments until th e " each purporting to be a security for 4 British per annum ; seven said principal sum shall be "parchment writings, each purporting to recite the payment of repaid at one ment, the "100, late Irish currency, to the Company of the Undertakers of entire pay- "the Grand Canal, and sealed with the common seal of the said Company re- servin a " Company ; seven debentures, commonly called Grand Canal liberty at any "Debentures,' numbered with the respective numbers-7549, 6870, time after seven years from the date "3316 2557, 8710, 972, 2032 ; seven other debentures, commonly " called ' Grand Canal Debentures ;' seven other debentures ; seven thereof, giving six months' no " pieces of parchment, sealed with the common seal of the Company tice, to repay Held, same. "of Undertakers of the Grand Canal ; seven other pieces of parch- Held, that a "ment ; seven specialties or writings, each purporting to be a seta- transfer of these instru- ments for a " rity for the payment of an annuity of 4 per annum, and sealed al "with the common seal of the said last-mentioned Company, of speci pose di - dpurnot " great value, to wit, of the value of 1000: and being so possessed, give the trans- "the plaintiff," &c.-Plea, the general issue. feree a right to convert At the trial before the LORD CHIEF JUSTICE and a special jury, them to his g iavned in the Sittings after last Trinity Term, it appeared that the plaintiff, tohenr e buys e on the 31st of January 1844, had lodged seven Grand Canal deben- title to a third tures with Messrs. Labertouche and Stafford, stockbrokers, to sell partyH eld also, for him at 85 each. The securities not having reached that sum, that being. tchhoesyes,nzeraectnzoont they remained in the hands of Labertouche and Stafford, who subse- quently received the dividends on them in September 1844, March assignable by 1845, and September 1845, at Messrs. Latouches' bank, and paid mere delivery. Held also, that proof of a custom that the debentures had been dealt with and taken as assignable securities would not give the assignee a right to recover. Held also, that an instrument evidencing a chose in action...