Short v Lambe

• Jurisdiction: Ireland
• Judgment Date: 05 March 1925
• Date: 05 March 1925
• Docket Number: (1924. No. 282.)
• Court: Supreme Court (Irish Free State)

S. C.,

Short

and

Lambe

Executor's action -Claim for general account - Agency - Or. XIX., r. 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...