People (Attorney General) v Cowan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1964
• Date: 01 January 1964
• Court: Supreme Court

(S.C.)

People (Attorney-General)

and

Cowan

Solicitor -Grant of administration extracted on behalf of client - Funds in Court - Order for payment to administrator less costs - Bank drafts for funds signed by client at solicitor's request - Drafts lodged in solicitor's bank to his account - Whether money received "for or on behalf" of client -Larceny Act, 1916, s. 20 (1) (iv) (b).

The appellant, a solicitor, was convicted of having fraudulently converted to his own use a sum of £3,705 18s. 0d. received by him for and on behalf of a client who had instructed him to obtain a grant of administration on his behalf to the estate of his infant son, to which he was entitled. The estate consisted of funds in Court which had been invested in Exchequer Bonds. An order for the sale of the bonds and for the payment of the proceeds thereof to the administrator, less a specified sum for costs, was duly made by the Master and two bank drafts were prepared in the Accountant's Office, one in favour of the applicant for costs and the other in favour of the client, who, at the applicant's request, attended at his office and signed the bank draft which was subsequently lodged in the applicant's bank and credited to his account. The client was not informed nor was he aware of the nature of the document when he signed it. Despite several demands on him the applicant did not pay the sum received by him to the client with the exception of two sums of £100 each. On application to the Court of...