Provincial Bank of Ireland, Ltd v Florence Donnell
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1934 |
| Date | 01 January 1934 |
| Court | Court of Appeal (Northern Ireland) |
"In consideration of advances heretofore made or that may hereafter be made" - Construction - Consideration- No intention of making further advances -No threat of legal proceedings - Forbearance to sue.
The defendant's husband's account with plaintiff's branch Bank at L. was overdrawn and the plaintiffs had, as security for this overdraft, mortgages of two policies of insurance upon the life of the husband. One policy with which the case was concerned was subject to a yearly premium of £24 12s., payable in two equal moieties. The plaintiffs subsequently required the husband to obtain security for the payment of the premiums, and on the 7th November, 1924, the defendant signed a document not under seal which provided that in consideration of advances heretofore made or that might hereafter be made from time to time by the plaintiffs to her husband she undertook to pay the premiums. It was also provided that in the event of the Bank having to pay the premiums or any other sums necessary for keeping on foot the policy, the defendant should pay such sums on demand with interest at Irish Banks' current rate. It was admitted on behalf of the plaintiffs that their anxiety was to secure the overdraft and that they had no intention of making any further advance to the plaintiff's husband...
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Riordan v Carroll
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OCM Emru Debtco DAC v Georgina Appelbe
...for a subsequent guarantee is also evident from a decision of the Northern Ireland Court of Appeal in Provincial Bank of Ireland v Donnell [1934] NI 33, also cited by McDermott J. In the latter case, Andrews LJ stated:- “… The real defence argued was that as the guarantee was not under seal......
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Allied Irish Banks Plc v Maguire
...forbearance at the surety's request.’ 14 The decision of the Northern Irish Court of Appeal in Provincial Bank of Ireland v. Donnell [1934] N.I. 33 is also relied on. In that case Andrews LJ stated: ‘… the real defence argued was that as the guarantee was not under seal it must, like other ......
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Allied Irish Bank Plc v Casey
...not sufficient consideration to support the contract of guarantee. The defendant relied on the decision in Provincial Bank v. O'Donnell [1932] 67 ILTR 142, and also relied on the opinion expressed by Paul A. McDermott SC in his book Contract Law, at para. 2.52, where it was stated as follow......