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Jones v Gunn

Judgment Irish Reports (Digests) Irish Reports Cited authorities 12 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date29 October 1924
Date29 October 1924
CourtCourt of Appeal (Northern Ireland)
K. B. D and C. A., N. I.,
In re Torrens, a Bankrupt

Hiring agreement - Option to purchase - Trade custom -Irish Bankrupt and Insolvent Act, 1857 (20 21 Vict., c. 60) s. 313.

Two hearses and one funeral-coach were in the possession of an undertaker under a hire purchase agreement which provided that the hirer should pay to the owners a deposit of 515, and the balance by instalments of 125 per quarter, until the full amount of the purchase, 1,015, was paid, when the carriages should become the property of the hirer; but until the full amount was paid they should remain the property of the owners. The owners were to be entitled to take possession should the hirer make default in the performance of any part of the agreement, or become bankrupt or insolvent. The deposit of 515 was paid, but no instalments, and the hirer was adjudicated bankrupt on 10th March, 1923, the carriages being then in her possession. On motion by the owners to have the carriages delivered up to them: Held by the Court of Appeal, N. I. (Moore, L.J. and Andrews, L.J.) reversing the decision of Wilson, J., that there was such a notorious trade custom of hiring such carriages as excluded the...

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