McEntire and Maconchy v Crossley Brothers, Ltd

JurisdictionUK Non-devolved
Judgment Date13 May 1895
Judgment citation (vLex)[1895] UKHL J0513-1
CourtHouse of Lords
Date13 May 1895
McEntire and Maconchy
and
Crossley Brothers, Limited.

[1895] UKHL J0513-1

House of Lords

1

After hearing Counsel for the Appellants, as well on Friday last as this day, upon the Petition and Appeal of Alexander Knox McEntire and John Arthur Maconchy, the Official Assignees of the Court of Bankruptcy in Ireland, being the Assignees of the estate and effects of Thomas Frederick Peel, of No. 6, Cathedral Place, Limerick, a Bankrupt, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal in Ireland, of the 2nd of February 1894, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen in Her Court of Parliament might seem meet; as also upon the printed case of Crossley Brothers, Limited, lodged in answer to the said Appeal; and Counsel appearing for the said Respondents, but not called on; and due consideration had of what was offered for the said Appellants:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal in Ireland, of the 2nd of February 1894, complained of in the said Appeal, be, and the same is hereby Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed...

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29 cases
  • Governor and Company of The Bank of Ireland v Eteams International Ltd
    • Ireland
    • High Court
    • 15 June 2017
    ...In doing that I would in a case such as the present apply the law as stated by Lord Herschell in McEntire v Crossley Bros Ltd [1895] AC 457 at 462–463, [1895–9] All ER Rep 829 at 831 where he said: ‘… I quite concede that the agreement must be regarded as a whole—its substance must be look......
  • Sova Capital
    • United Kingdom
    • Chancery Division
    • 2 March 2023
    ...substance of a matter it is normally concerned with its legal substance, not its economic substance (if different). They relied on McEntire v Crossley Brothers [1895] AC 457, 462; Lloyds & Scottish Finance Ltd v Cyril Lord Carpets Sales Ltd [1992] BCLC 609, 614h–615b and Re Polly Peck Int......
  • On Demand Information Plc (in administrative receivership) v Michael Gerson (Finance) Plc
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 31 July 2000
    ...interests and the substance of the transaction, Sir Roy referred to the decisions of the House of Lords in McEntire v Crossley Brothers [1895] AC 457 and Helby v Matthews [1895] AC 471 (he might also have referred to IRC v Duke of Westminster [1936] AC 1, 20, where Lord Tomlin cited Helby v......
  • Campbell Discount Company Ltd v Bridge
    • United Kingdom
    • House of Lords
    • 25 January 1962
    ...lets them out on hire, see Ex parte Crawcour. In re Robertson [1878] 9 Ch. D.419, Alexander Knox McEntire v. Crossley Brothers, Limited [1895] A.C.457. So it buys the goods from the dealer and lets them out on hire to Mr. Bridge. Mr. Bridge has to discard the role of a man who has agreed to......
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1 firm's commentaries
  • IFI Update London, August/October 2008 - Part 2
    • United Kingdom
    • Mondaq United Kingdom
    • 9 October 2008
    ...applied the principles established in English cases such as Alderson v. White (1858) 2 De G & J 97, McEntire v. Crossley Bros Ltd [1895] AC 457, Helby Matthews [1895] AC 471 and Re George Inglefield Ltd [1933] 1 Ch 1, and the Privy Council decision in Chow Yoong Hong v. Choong Fah Rubbe......
2 books & journal articles
  • THE CASE AGAINST THE EQUITABLE LIEN.
    • Australia
    • Melbourne University Law Review Vol. 42 No. 3, August 2019
    • 1 April 2019
    ...As Lord Herschell LC remarked, 'a man does not have a lien on his own property or a charge either': McEntire v Crossley Brothers Ltd [1895] AC 457, (98) It should be noted that Calnan is sceptical about the need for the vendor's lien: see Calnan (n 14) 151 [4.182]. (99) See Tanwar Entperpri......
  • A PPSA registration primer.
    • Australia
    • Melbourne University Law Review Vol. 35 No. 3, December 2011
    • 1 December 2011
    ...and Personal Property under the Laws of Australian Jurisdictions (Lawbook, 5th ed, 1993) 527-56. (18) McEntire v CrossleT Brothers Ltd [1895] AC 457. The Security Interests in Goods Act 2005 (NSW) applied to a security instrument by or under which a security interest was reserved or created......

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