Royal Bank of Ireland Ltd v O'Rourke

JurisdictionIreland
Judgment Date01 January 1963
Date01 January 1963
CourtSupreme Court
(S.C.)
Royal Bank of Ireland, Ltd.
and
O'Rourke

Claim against defendant as indorser - Cheque drawn on one bank cashed in another - Cheque dishonoured - Notice of dishonour - Whether given within reasonable time -Whether cheque presented for payment within a reasonable time - Time at which cheque presented for payment - Bills of Exchange Act, 1882, ss. 45, 46, 47, 48, 49, 92 - Practice - Procedure - Summary summons issued for amount of dishonoured cheque - Averment of notice of dishonour omitted from indorsement of claim - Proceedings discontinued - Fresh summons issued for same claim - Whether res judicata.

The plaintiff bank sued the defendant for the sum of £344 5s. 0d. The claim was brought against the defendant as indorser of a cheque for that amount drawn on the National Bank Ltd., College Green, Dublin, by Shanahan's Stamp Auctions Ltd., in favour of the defendant who cashed it in the Dun Laoghaire branch of the plaintiff Bank. When the cheque...

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10 cases
  • Bula Holdings and Others v Roche and Others
    • Ireland
    • High Court
    • 6 d2 Maio d2 2008
    ...2 CH 255 DALTON & ORS v FLYNN UNREP LAFFOY 20.5.2004 2004/12/2704 HENDERSON v HENDERSON 1843 3 HARE 100 ROYAL BANK OF IRELAND v O'ROURKE 1962 IR 159 96 ILTR 112 A (A) v MEDICAL COUNCIL & AG 2003 4 IR 302 2004 1 ILRM 372 SUPERWOOD HOLDINGS LTD v SUN ALLIANCE & LONDON INSURANCE PLC 1995 ......
  • Criminal Assets Bureau v Kelly
    • Ireland
    • Supreme Court
    • 29 d4 Novembro d4 2012
    ...constituted injustice - F McK v AF [2002] 1 IR 242; Rowan v Byrne, (Unrep, Barr J, 17/12/1990); Royal Bank of Ireland v O'Rourke [1962] IR 159; Director of Public Prosecutions v Gill [1980] 1 IR 263; Murray v McArdle (Unrep, Morris J, 11/5/1998); The State (Clarke) v Roche [1986] IR 619; CA......
  • Curran and Others v Ulster Bank Ireland DAC and Others
    • Ireland
    • High Court
    • 1 d2 Agosto d2 2023
    ...to be litigated must be identical to the issue decided in the previous proceedings. (See for example Royal Bank of Ireland v. O'Rourke (1962) I.R. 159). The rule in Henderson v. Henderson, on the other hand, applies where a new issue is raised which was not, therefore, decided in the previo......
  • Moffitt v Agricultural Credit Corporation Plc
    • Ireland
    • High Court
    • 27 d5 Julho d5 2007
    ...to be litigated must be identical to the issue decided in the previous proceedings. (See for example Royal Bank of Ireland v. O'Rourke (1962) I.R. 159). The rule in Henderson v. Henderson, on the other hand, applies where a new issue is raised which was not, therefore, decided in the previo......
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