Wilson v Poe

• Jurisdiction: Ireland
• Judgment Date: 06 December 1845
• Date: 06 December 1845
• Court: Court of Chancery (Ireland)

Chancery.

WILSON

and

POE.

Clarke v. Seton 6 Ves. 411.

Gorman v. Arthure Ll. & G., temp. Pl. 235.

Mannix v. DrinamUNK 3 Ir. Eq. Rep. 108.

Martin v. WhichleoENR Cr. & Ph. 257.

114 CASES IN EQUITY. 1846. Cleameety. WILSON v. POE. Tuts case was heard on appeal from the decision of the Muter of the Rolls, reported ante voL 8, p. 139. In addition to the authorities cited at the Rolls, Mr. Christian and Mr. Ireland, for Jane Bindon, relied on Clarke v. Seton (a) ; Gonnan v. Arthure (6); Meanie v. Drawn (c); Martin v. Michele (d). Mr. Sergeant Warren and Mr. L. Studdert, for F. A: Gabbett. The LORD CHARCELLOR. This case comes before me on appeal from the Master of the Rolls, and depends on the construction of a decree, the question being, whether the Master was right in allowing interest beyond the penalty of a bond ? The decree was, " that the plaintiff John Gabbett was entitled to the sum reported to be due on the bond and judgment in the pleadings mentioned, as in first schedule to said report mentioned, with interest on the principal sum of £700 in said report mentioned, from the date of said report until paid, and his costa in the cause," The Master was of opinion, and the Master of the Rolls adopted . that opinion, that this decree was conclusive, and that the words, "not exceeding the ,amount of the penalty," not having been inserted in the decree (as they ought to have been), he would not go behind it to ascertain whether such interest should or should not be given; for circumstances might warrant it, and therefore it did not follow that it might not be proper here. For the future, when it is intended...