The Administratrix of D R Moore v The Ulster Banking Company

• Jurisdiction: Ireland
• Judgment Date: 10 November 1877
• Date: 10 November 1877
• Court: Queen's Bench Division (Ireland)

Q. Bench.

THE ADMINISTRATRIX OF D. R. MOORE

and

THE ULSTER BANKING COMPANY.

Hewitt v. KayeELR L. R. 6 Eq. 198.

Tate v. Hilbert 2 Ves. Jun. 111.

Ellison v. Ellison 1 Wh. & T. L. Cas., 4th ed., 245.

Edwards v. JonesENR 1 My. & Cr. 226.

Richards v. DelbridgeELR L. R. 18 Eq. 11.

Woodhams v. The Anglo-Australian Assurance CompanyENR 3 Giff. 250.

Bromley v. BruntonELR L. R. 6 Eq. 275.

Ranklin v. WeguelinENR 27 Beav. 309.

Veal v. VealENR 27 Beav. 303.

Duffield v. ElwesENR 1 Bligh, 409.

Rolls v. Pearce Week. Notes, April 28, 1877.

Moore v. DartonENR 4 De G. & Sm. 520.

Talbot v. Cody Ir. R. 10 Eq. 138.

Ellison v. Ellison 1 Wh. & Tud. Lead. Cas. (4th ed.) 245.

Edwards v. JonesENR 1 My. & Cr. 226.

Richards v. DelbridgeELR L. R. 18 Eq. 11.

Deposit-receipt — Indorsement and delivery of — Payment to donee after death of depositor.

512 THE IRISH REPORTS. R- I agree with what has fallen from the LORD CHIEF JuincE ; HENRY v. and I must say that Mr. Murray's able argument quite satisfied me BLACKROCK on thepoint. TOWNSHIP COMMRS. Demurrer disallowed. Attorney for the Plaintiff : Francis Tierney. Attorney for the Defendants : John Mellet Williamson. Q. Bench. THE ADMINISTRATRIX OF D. It. MOORE v. THE ULSTER 4 Nov. 9, 10. Deposit-receipt-Indorsement and delivery of-Payment to donee after death of .depositor. M., shortly before his death, indorsed a bank deposit receipt and delivered it to S., stating that it was for his (M.'s) niece K: ; S. indorsed the document, and, after M.'s death, presented it to the Bank, who transferred the amount to-S. without having had notice of M.'s death ; in an action by the administratrix of M. against the Bank (1) that the deposit-receipt was not a negoÂtiable instrument passing by indorsement; (2) that there was no equitable assignment of it ; (3) that if the transaction constituted S. an agent of M., his-authority was revoked by M.'s death ; (4) that the transaction did not _mond to a donatio mortis cause. Acriorr by the administratrix of D. It. Moore, for recovery of £105 8s. 6d. for money lent and money had and received, and. interest. Defence, on equitable grounds L0 That the money was Money deposited by the said D. R. Moore with the-Defendants, upon a deposit receipt, and that the interest alleged to have been forborne by the said D. R. Moore was interest upon the money so deposited ; and D. R. Moore in his lifetime indorsed and handed over the said deposit-receipt to one G. L. Sweeny, and thereby equitably assigned to him the money so lying upon the said deposit-receipt, and the said G. L. Sweeny presented the-said deposit-receipt so indorsed to the Defendants for payment, and was paid by them the amount due on the said deposit-receipt, and all interest due in respect thereof, and such payment was made by the Defendants before they had any notice or knowledge of the death of the said D. R. Moore." VOL. XI.] COMMON LAW SERIES. At the trial, before LAWSON, J., it appeared that the deceased, six weeks before his death, having indorsed a deposit-receipt for £100, delivered it to the Rev. G. L. Sweeny, to take to the...