Joachimson v Swiss Bank Corporation
| Jurisdiction | England & Wales |
| Judgment Date | 1920 |
| Date | 1920 |
| Year | 1920 |
| Court | Court of Appeal |
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228 cases
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Earl Hodge Respondent/Claimant v Albion Hodge Applicant/Defendant
...the request is part of the contract, and must be proved, and no action arises until the request is made." 44 In N. Joachimson (A Firm Name) v Swiss Bank of Corporation (relied upon by Dr Archibald), the question that the Court of Appeal had to determine is not relevant to the issue in this ......
- Ashton Mining Ltd v Commissioner of Taxation
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Damayanti Kantilal Doshi v Indian Bank
...account until a demand for payment has been made at the branch where the account is maintained: Joachimson v Swiss Bank Corporation [1921] 3 KB 110, and that for that purpose, branches of a bank are treated as separate entities: R v Lovitt [1912] AC 212, 219 and Clare & Co v Dresdner Bank [......
- Bian Chiang Bank Bhd v Kwong Hing Cheong
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1 firm's commentaries
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Hong Kong Court Provides Novel And Influential Analysis Of The Quincecare Duty
...follows that a cause of action in debt arises when that demand is made, and not before (N. Joachimson (a firm) v Swiss Bank Corporation [1921] 3 KB 110). In Lord Sumption's view, if a bank has debited an account without authority, the customer is entitled to disregard the debit and require ......
5 books & journal articles
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Tracing, Mixing, and Innocent Claimants
...Re French Caledonia Travel Service Pty Ltd n 4 above at [31].12 See discussion of this view in Joachimson vSwiss Bank Corporation [1921] 3 KB 110,116, 120-121,122; Smith, n 10 above, 188-189. The modern understanding of a bank account is that it doesnot involvea ser ies of debts.It is argua......
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The Law of Central Bank Reserve Creation
...n 4 above,160.67 Bank of Marin vEngland n4above.68 Citizens Bank of Maryland vStumf n4above.69 Joachimson vSwiss Bank Corporation [1921] 3 KB 110; Foley vHill n 4 above. Banks enjoy avariety of legal protections not available to other debtors,including exemption from the normalobligation pr......
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BANK CUSTOMER
...is brought to an end. It is an implied contract which is unwritten and undefined by the parties. Joachimson v. Swiss Bank Corporation (1921) 3 K.B. 110, 127. Generally, a customer is someone who has an account with a bank, or without having an account the relationship of banker and customer......
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DAMAGES FOR REFUSAL TO PAY CUSTOMERS CHEQUE
...drawn by, as well as the collection of cheques paid in by, a customer. See also Atkin, L.J. in Joachimson v. Swiss Bank Corporation (1921) 3 K.B. 110 at 127. Therefore, the receipt of money from an account of his customer by a banker constitutes the latter the debtor of the former (Foley v.......
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