Royal Bank of Ireland Ltd v Smith and Smith

• Jurisdiction: Ireland
• Judgment Date: 01 January 1927
• Date: 01 January 1927
• Court: Supreme Court (Irish Free State)

S. C., I. F. S.,

Royal Bank of Ireland, Ltd.

Plaintiffs

William Smith and John Smith

Defendants

Verbal agreement - Title deeds to be deposited - "Not to exceed £4,000" - Letter of guarantee "as arranged" - No mention of title deeds - Liability of guarantors - Representation - Rectification.

In 1918 the defendants agreed, verbally, with a branch bank manager to guarantee J. R. S., to the extent of £4,000, for sums to be advanced by the bank to J. R. S. for the purchase and stocking of a farm, the title deeds of which to be deposited as security for such sums. Defendants later signed a...