Towey v Ulster Bank Ltd

JudgeMr. Justice O'Hanlon
Judgment Date01 January 1987
CourtHigh Court
Date01 January 1987

1986 WJSC-HC 1902


1981 No. 6902 P






Banker - Advice - Negligence - #252,255 allowed in respect of third party's failure to honour cheques in payment for cattle supplied by plaintiff - #51,167 allowed as price of cattle supplied by plaintiff to third party but for which no payment received - #10,000 allowed in respect of interest on plaintiff's overdraft which third party had agreed to discharge - #6,214 allowance in respect of cattle bought by plaintiff on behalf of third party - Plaintiff to be indemnified against payment of certain overdraft interest - Sequel to decision (22/3/86) of O'Hanlon J. (~See~ Negligence, banker) - (1981/6902 P - O'Hanlon J. - 29/7/86)

|Towey v. Ulster Bank Ltd.|


Judgment of Mr. Justice O'Hanlon delivered, the 29th day of July, 1986.


This judgment is supplemental to the judgment already delivere herein the 22nd March, 1986, and deals with the assessment of damages arising out of the finding of negligence already made against the Defendant in the earlier judgment.


That judgment indicated the basis upon which it appeared to me that damages should be measured. In general terms it was found that the award to be made in favour of the Plaintiff should be of such order as would indemnify him in respect of the bank overdraft which built up during his period of trading with Andrew J. Towey, until the business of the latter collapsed at the end of the year 1980.


More specifically, the Plaintiff presented his claim under five different headings, which I now propose to examine separately. In the first place he claimed to be recouped the amount of cheques paid to him by Andrew J. Towey, or his Company, for cattle supplied which were later dishonoured, and these totalled £252,255.65 in all. He claims that the Bank must bear the responsibility for his continuing to trade with Andrew J. Towey up to the point where these cheques were issued, and for his acceptance of these cheques in payment for cattle supplied. As I have already found that he has made out a case for such recoupment, the first part of the award in his favour will be that sum of £252,255.65p.


Secondly, he claims that in respect of the final consignments of cattle, delivered by him between 1st December, 1980, and the 15th December, 1980, no cheques were issued and no payment was made, and a sum of £51,167.23p remains due and owing to him under this heading. The same considerations apply to this part of the claim as to claim made...

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3 cases
  • Harold Wildgust and Carrickowen Ltd v Bank of Ireland and Norwich Union Life Assurance Society
    • Ireland
    • Supreme Court
    • 22 March 2006
    ...of Tulsk Co-operative Livestock Mart Ltd. v. Ulster Bank Ltd (Unreported, High Court, Gannon J., 13th May, 1983), Towey v. Ulster Bank [1987] I.L.R.M. 142 and T.E. Potterton Ltd. v. Northern Bank Ltd. [1993] 1 I.R. 413. In these cases it is found as a fact that the customer, to the knowle......
  • Ulster Bank Irl Ltd v Roche & Buttimer
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  • Allied Irish Banks Plc, Kennedy v
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    • 1 January 1998
    ...OF GREECE SA V PINIOS SHIPPING CO (NO 3) 1988 2 LLOYDS 126 HEDLEY BYRNE & CO LTD V HELLER & CO LTD 1963 2 AER 575 TOWEY V ULSTER BANK LTD 1987 ILRM 142 TE POTTERTON LTD V NORTHERN BANK LTD 1993 1 IR 413 LLOYDS BANK PLC V COMP UNREP 18.12.91 (UK) Synopsis: [1998] 2 IR 48 1 Judgment deliver......

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