Shields v Bank of Ireland

• Jurisdiction: Ireland
• Judge: M. R.
• Judgment Date: 21 November 1900
• Court: Chancery Division (Ireland)
• Docket Number: (1899. No. 882.)
• Date: 21 November 1900

Shields

and

The Governor and Company of the Bank of Ireland.

M. R.

(1899. No. 882.)

CASES

DETERMINED BY

THE CHANCERY DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL.

1901.

Banker and customer — Executor paying trust money into credit of his own account — Liability of bank.

A lodged to the credit of his private account at a bank moneys which belonged to him and B, as executors of C. The bank had notice that the moneys so lodged were trust moneys, but had no notice that A intended to commit a breach of trust, and placed the moneys to the credit of A's account in the ordinary way. A afterwards became insolvent, and his account was overdrawn. B brought an action against the bank and A, to have it declared that the bank were trustees of the moneys so lodged on behalf of B and A, as executors of C:—

Held, That The Bank Were Not Liable.

Trial of Action.

The facts of the case and the authorities cited are sufficiently stated in the head note and judgment.

The Solicitor-General (Wright, Q.C.), Henry, Q.C., and Patchell, for the plaintiff.

T. Pakenham Law, Q.C., Ronan, Q.C., and Pim, for the defendants, the Bank of Ireland.

The Master of the Rolls:—

This action was brought by James Shields against the Bank of Ireland and Michael Shields to...