Re Owen, Deceased. Poe v Shortt

• Jurisdiction: Ireland
• Judgment Date: 02 May 1889
• Date: 02 May 1889
• Court: Chancery Division (Ireland)

Chancery Division.

IN RE OWEN, DECEASED.

POE

and

SHORTT.

Boyd v. GrooksENR 34 Beav. 7.

Richmond v. White 12 Ch. Div. 361.

Thomson v GrantENR 1 Russ. 540.

Fox v. GarrettENR 28 Beav. 16.

Crowder v. Stewart 16 Ch. Div. 368.

Ferguson v. GibsonELR L. R. 14 Eq. 379.

Bathurst v. De la ZouchENRENR 2 Dick. 460; S. C., sub nom. Bathurst v. De la Touche, 34 Beav, 9 n.

Executor of executor Right of retainer Two estates involved.

328 LAW REPORTS (IRELAND). [L. R. I. V.- C. tract was by the wife of a trader who was not in any way liable for 1889. her husband's debts, to guarantee a sum of money in consideration HIBERNIAN of a merchant having, at her request, agreed to supply and furnish BANK v. goods to her husband. It was held that this guarantee applied GILBERT. only to goods to be thereafter supplied. The reasons assigned by the learned Lords Justices for their decision are not, in my opinion, applicable to the present case, where there were debts already due by the person giving the security, and where there are words which appear to me to be fairly applicable to all advances by the Bank to Corley, whether present or future. On these grounds I hold that the two items of the account in dispute should be allowed to the plaintiffs. It is not, therefore, necessary for me to consider the other question argued, namely, whether this case comes within the banker's general lien. Solicitors for the plaintiffs : Messrs. D. 8f T. Rtzgerald. Solicitors for the assignees of Corley : Mr. Davoren. M. R. 1889. May 1, 2. IN RE OWEN, DECEASED. (POE v. SHORTT.) Executor of executor-Right of retainer-Two estates involved. 0., as executor of A., received 2010, the amount of a policy of insurance• effected by A. on his life :- Held, that P., who was executor of 0., was bound as such to retain that sum as a security against a sum of 8250, for which 0. had made his asseta liable as a security for A. THE REV. GEORGE AYRES, in order to purchase the estate of Ballykealy, in the Queen's County, borrowed from Mr. Brown and Mr. Heslop, in 1876, two sums of 4000 and 4250 on two promissory notes, which his brother-in-law, Mr. Robert Owen, signed as a surety. To secure the latter against his liability on the promissory notes Ayres deposited with him the deed of -con VoL. XXIII.] CHANCERY DIVISION. 329 veyance of the Ballykealy estate and a policy of insurance he had M. R. effected on his life for 2000 ; and to secure Brown and Heslop, 1889. he deposited with them the title-deeds of certain estates in Kik In re OWEN. kenny and in England. In 1877 Ayres settled the Ballykealy estate, R Owen and his brother W. Owen being the trustees of the deed. The trusts of that deed were made expressly subject to the lien of R. Owen. Ayres died in December, 1881, having by his will appointed R. Owen his executor. In March, 1882, Owen received from the Insurance Company...