Short v Lambe

CourtSupreme Court (Irish Free State)
Judgment Date05 March 1925
Docket Number(1924. No. 282.)
Date05 March 1925
Short v. Lambe.
ELLEN LAMBE and the HIBERNIAN BANK, Ltd., Defendants (1)
(1924. No. 282.)

Supreme Court.

Practice - Particulars - Executor's action - Claim for general account -

Agency - Order 19, rule 7.

An executor brought an action against E. L. and a Bank, claiming an account of certain moneys which, he alleged, were assets of the testator. The statement of claim stated that for some years prior to the death of the testator, E. L., who was his daughter, was entrusted by him with the general management and control of his money, and that certain moneys of his were from time to time placed on deposit account in the defendant Bank in the joint names of the testator and E. L., and also in the name of E. L. alone. Specific sums were then stated to have been so placed on deposit, and the deposit receipts were stated to have been cashed by E. L., and the money placed on deposit account in her own name. E. L. served notice on the plaintiff to furnish particulars of the sums lodged in the Bank other than those specifically mentioned in the statement of claim, with dates of lodgment, to which the plaintiff replied that the sums and dates of lodgment were within the knowledge of E. L., and, without prejudice to claims for further sums, referred to certain specified amounts. E. L. then applied for an order to compel the plaintiff to furnish particulars.

Held, reversing Murnaghan J., that the action being substantially one claiming a general account, in reality on the basis of agency, the defendant E. L. was not entitled to particulars.

Appeal from an order made by Murnaghan J., dated February 12th, 1925, whereby the plaintiff was ordered to give to the defendant, Ellen Lambe, further and better particulars of sums of money referred to in paragraphs 2 and 6 of the statement of claim.

The plaintiff, James Short, was the executor of the will of Patrick Agnew, late of Courtbane, County Louth, who died on February 17th, 1924. Probate was granted to the plaintiff on April 15th, 1924; and he then instituted an action against the defendants, claiming an account of certain moneys which, he alleged, were assets of the testator, and, if necessary, administration of the personal estate of the testator. The defendant, Ellen Lambe, was one of the children of the testator.

The material parts of the statement of claim were:—

"2. For some years prior to the death of the said Patrick Agnew, deceased, the defendant, Ellen Lambe, was...

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