Whelan v National City Bank Ltd

JurisdictionIreland
CourtCourt of Criminal Appeal
Judgment Date01 Jan 1933
Whelan v. National City Bank.
PATRICK WHELAN
Plaintiff
and
THE NATIONAL CITY BANK, LTD., and the MINISTER FOR FINANCE
Defendants.

District Justice - Order made under Public Safety (Emergency Powers) Act,1923 (No. 28 of 1923), sect. 11 - Order prohibiting a bank from dealing with money lodged on deposit receipt - Executive Minister alleging that money represented "public funds or funds which ought to be under the control of a Minister" - Transfer of the money by the Bank at the request of the Minister for Finance to Public Account - Action brought by depositor of the money for its recovery - Failure of the Minister for Finance to follow procedure laid down by sect. 11, sub-sects. 2 and 3. of the Act - Effect of order of District Justice - Public Safety (Emergency Powers) (No. 2) Act, 1923 (No. 29 of 1923).

Summary Summons.

The plaintiff, Patrick Whelan, of Abbeyside, Dungarvan, Co. Waterford, on 8th July, 1932, issued a summary summons against the National City Bank, Ltd., No. 10 College Green, Dublin, claiming the sum of £2,313 4s. 5d., of which £1,871 18s. 11d. was claimed as money placed on deposit receipt by the plaintiff with the defendant Bank on the 27th March, 1922, and which sum "the defendants promised and undertook to repay to the plaintiff with interest thereon at the customary and current Bank rates, and which said sum is due upon accounts stated and settled by and between the plaintiff and the defendants,"and the balance, viz.:—£441 5s. 6d. was claimed as interest on the said sum of £1,871 18s. 11d. to the 5th day of July, 1932.

The plaintiff in his affidavit, filed on the 5th September, 1932, stated that on the 27th March, 1922, he placed on deposit receipt with the Branch of the National Land Bank, Ltd., at Waterford the said sum of £1,871 18s. 11d., and received from the Manager of the said Branch a deposit receipt made out in the name of "Patrick Phelan"; that he did not notice the error in writing his name at the time, but that, on subsequently attending at the said Bank with a view to obtaining payment of the amount of the deposit receipt with interest thereon, he was requested by the then Manager to endorse both the names "Patrick Whelan"and "Patrick Phelan" on the deposit receipt. The affidavit then continued:—

"6. I am advised and believe that on the 30th November, 1926, the National Land Bank, Ltd., became a Joint Stock Company and that, prior thereto, it was registered under the Industrial and Provident Societies Act, 1893, but that from its inception it was known as the National Land Bank, Ltd. I say that as from the 12th day of July, 1927, the name of the said National Land Bank, Ltd., was changed to that of the National City Bank, Ltd., but that business was conducted as formerly at 10 College Green, Dublin, and at several Branches throughout the country, until the year 1928, and since then the business of the said National City Bank, Ltd., has been and is being conducted only from 10 College Green, Dublin.

7. I say, therefore, that the said National Land Bank, Ltd., and the said National City Bank, Ltd., the defendants herein, are one and the same Bank, and that the full sum of £2,313 4s. 5d. is now actually due and owing by the defendants, the said National City Bank, Ltd., to me over and above all just credits and fair allowances and that no part thereof has been paid, satisfied, or discharged."

An affidavit, filed on 5th October, 1932, on behalf of the defendant Bank, was made by the Assistant Manager of the Bank in which the material facts were stated as follows:—

"2. On the 27th day of March 1922, a sum of £1,871 18s. 11d. was lodged on deposit receipt with the National Land Bank, Ltd., Waterford Branch, in the name of Patrick Whelan. The said deposit receipt was made out and the entries in the book of the said Bank show the name Patrick Whelan. It is admitted on behalf of the defendants that the same person who brought the said moneys to be deposited did request to have the name 'Patrick Whelan' subsequently written on the deposit receipt and said request was complied with. The requisition for said deposit receipt was signed 'Patrick Phelan.'

3. On the 14th day of December, 1922, the Manager of the said Waterford Branch received a letter signed 'P. J. Paul,' 'Brigadier,' and written from the Headquarters of the National Army, Waterford, warning the said Manager not to allow anyone to draw on the account of P. Whelan, Dungarvan, and stating that the Government had taken over control of all irregular accounts. The said letter also referred to verbal instructions already given. [He referred to the original of said letter.]

4. Further instructions were apparently issued in respect of said Account on the 12th clay of December, 1923. The Account in the hooks of the said Bank is marked 'Payment stopped by National Troops, 12/12/23.'

5. In or about the 18th day of January, 1924, an order, bearing said...

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19 cases
  • Dunne v DPP
    • Ireland
    • Supreme Court
    • 11 May 2016
    ...regard to the separation of powers, it could be undertaken only by the legislature and not by the courts. The authorities 111 Attorney General v. Whelan [1934] I.R. 518 is described by McCauley & McCutcheon as ?arguably the first twentieth-century case in which the defence actually s......
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    • 22 June 2000
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    • United Kingdom
    • House of Lords
    • 17 March 2005
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