Morgan v Ashcroft

JurisdictionEngland & Wales
Year1937
Date1937
CourtCourt of Appeal
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14 cases
  • Lipkin Gorman (A Firm)(Appellants(Plaintiffs) v (1) Karpnale Ltd (formerly Playboy Club of London Ltd) (Respondent (2) Lloyds Bank Plc (Respondent(Defendant)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • October 13, 1988
    ...to be answered in the affirmative and the second in the negative. 90 Two further cases were relied upon by the judge. The first is Morgan v. Ashcroft [1938] 1 K.B. 49 in which a bookmaker claimed to recover against a client a sum of money alleged to have been overpaid to the client in respe......
  • Caribbean Star Airlines Claimant v Ricardo Sealy Defendant [ECSC]
    • Antigua and Barbuda
    • High Court (Antigua)
    • September 4, 2008
    ...what it is—is, in this case not of the type that would found a successful restitutionary claim such as the present, the Claimant sites Morgan v Ashcroft [1937] 3 All ER 92; Marwich Union Fire Insurance Society Ltd v William H. Price Ltd [1934] All ER Rep 352 per Lord Wright. Morgan and Ashc......
  • R v Gilks
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • June 27, 1972
    ...8 The main foundation of one branch of the Appellant's case at the trial and in this Court was the decision of the Court of Appeal in Morgan v. Ashcroft. 1938 1 Kings Bench, 49. In that case a bookmaker, by mistake, overpaid a client £24. It was held that the bookmaker was not entitled to ......
  • Pitt and another v Holt and another; Futter and another v Futter and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • March 9, 2011
    ...The only trace I can find of it in law reports in the 20th century through electronic searches is that the All England Report of Morgan v Ashcroft mentions it as cited in argument in the Court of Appeal, unlike the Law Report version, which sets out the arguments at some length but does not......
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2 books & journal articles
  • The Rise and Fall of the Mistake of Law Rule
    • Ireland
    • Trinity College Law Review No. III-2000, January 2000
    • January 1, 2000
    ...that the bank may have been insolvent, his subsequent actions were made voluntarily and he may be said to have assumed the risk. 3 [1938] 1 KB 49. 3 [1934] AC 455. 3 5 Ibid., at 463. 2000] The Mistake of Law Rule Causative Mistake The widest test for mistake upon which a plaintiff may groun......
  • Giving content to general concepts.
    • Australia
    • Melbourne University Law Review Vol. 29 No. 1, April - April 2005
    • April 1, 2005
    ...and Carter, above n 11, 11. See also Peter Birks, An Introduction to the Law of Restitution (revised ed, 1989) 20. (62) Morgan v Ashcroft [1938] 1 KB 49, 75 (Scott (63) The theory is then used to explain cases that may never even have used the general concept, let alone its technical meanin......

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