Royal Bank of Ireland Ltd v O'Rourke

• Jurisdiction: Ireland
• Judgment Date: 01 January 1963
• Date: 01 January 1963
• Court: Supreme 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...