McEvoy v Belfast Banking Company Ltd

JurisdictionNorthern Ireland
Judgment Date01 January 1934
Date01 January 1934
CourtChancery Division (Northern Ireland)
[Ch. Div. and C. A., N.I.]
McEvoy
and
Belfast Banking Company
Limited

Advancement fraudulent intention - Money paid under mistake of law - Acquiescence.

On 20th July, 1921, John McEvoy, who was in ill-health, lodged with the defendant Bank £10,000 upon deposit receipt payable either to himself or his son (the plaintiff) or the survivor. This was done for the purpose not of changing the ownership but to avoid death duties. John McEvoy died on 20th September, 1921, and by his will left inter alia the residue of his estate to be held in trust for the plaintiff until he attained the age of twenty-five years and thereafter to the plaintiff absolutely. Pending the plaintiff attaining the said age the...

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18 cases
  • Tinsley v Milligan
    • United Kingdom
    • House of Lords
    • 24 June 1993
    ...26 Ch. D. 616; Crichton v. Crichton (1895) 13 R. 770; Gascoigne v. Gascoigne [1918] 1 K.B. 223; McEvoy v. Belfast Banking Co. Ltd. [1934] N.I. 67; In re Emery's Investments Trusts, Emery v. Emery [1959] Ch. 410; Preston v. Preston [1960] N.Z.L.R. 385; Palaniappa Chettiar v. Arunasalam Che......
  • Tinsley v. Milligan, (1993) 158 N.R. 133 (HL)
    • Canada
    • 24 June 1993
    ...(1884), 26 Ch. D. 616, refd to. [para. 12]. Crichton v. Crichton (1895), 13 R. 770, refd to. [para. 12]. McEvoy v. Belfast Banking Co., [1934] N.I. 67, appld. [paras. 12, Emery's Investments Trusts, Re; Emery v. Emery, [1959] Ch. 410, dist. [paras. 12, 66]. Preston v. Preston, [1960] N.Z.L.......
  • Gwenneth Webster v National Bank of Anguilla Ltd
    • Anguilla
    • High Court (Saint Christopher, Nevis And Anguilla)
    • 22 December 2010
    ... ... referred the court to the law cited in The Practice and Law of Banking, H.P. Sheldon (17 th Ed) is instructive on page 249 in which it is ... See Aroso v. Coutts & Co ; McEvoy v. The Belfast Banking Corporation [1935] AC 24 [1935] AC 24 ... ...
  • Lynch v Burke
    • Ireland
    • High Court
    • 16 January 1990
    ...1 IR 210. Marshall v Crutwell [1875] LR 20 Eq 328, 44 LJ Ch 504, 39 JP 775. McEvoy v Belfast Banking Co [1935] Ac 24, [1834] NI 67; [1933] 68 ILTR 3, [1934] All ER 800, [1934] 103 LJPC 137, 151 LT 501, 40 Com Cas 1. Mogul of Ireland v Tipperary (NR) CC [1976] IR 260. O’Flaherty v Browne [19......
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1 books & journal articles
  • VITIATING FACTORS IN CONTRACT LAW — THE INTERACTION OF THEORY AND PRACTICE
    • Singapore
    • Singapore Academy of Law Journal No. 1998, December 1998
    • 1 December 1998
    ...v Gascoigne[1918] 1 KB 233; In re Emery’s Investments Trusts, Emery v Emery[1959] 1 Ch 410; McEvoy v Belfast Banking Company Limited[1934] NI 67; affirmed [1935] AC 24; as well as Tinker v Tinker[1970] P 136, all of which were referred to in Tinsley v Milligan itself: see [1994] 1 AC 340 at......