Short v Lambe

JurisdictionIreland
CourtSupreme Court (Irish Free State)
Judgment Date05 Mar 1925
Docket Number(1924. No. 282.)

Supreme Court.

(1924. No. 282.)
Short v. Lambe.
JAMES SHORT
Plaintiff
ELLEN LAMBE and the HIBERNIAN BANK, Ltd., Defendants (1)

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

Agency - Order 19, rule 7.

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 entrusted by the said deceased with the general management and control of the moneys of the said deceased, and certain moneys, the property of the said deceased, were from time to time placed on deposit account in the Crossmaglen branch of the bank of

the defendants, the Hibernian Bank, Ltd., in the joint names of the deceased and the said Ellen Lambe, and also in the name of the said Ellen Lambe alone.

3. On the 24th day of August, 1923, the sum of £500, the property of the said deceased, was placed on deposit account in the said branch of the said bank in the joint names of the said deceased and the defendant, Ellen Lambe, and so remained up to and after the death of the said deceased.

4. On the 14th of March, 1924, the defendant, Ellen Lambe, cashed the deposit receipt for the said sum of £500, and, to the best of the plaintiff's information and belief, lodged said sum with the defendants, the Hibernian Bank, Ltd., on deposit account in her own name, where the said sum still remains.

5. On the 2nd day of January, 1923, the said deceased lodged on deposit account with the defendants, the Hibernian Bank, Ltd., at their said branch, the sum of £194 4s. 4d. in his own name. On the 7th day of November, 1923, the defendant, Ellen Lambe, cashed the deposit receipt for the said sum, and, to the best of the plaintiff's information and...

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