Shaw (Official Liquidator of the Birmingham Banking Company ) v Sir W. Foster, Bart., and Another

JurisdictionUK Non-devolved
Judgment Date14 March 1872
Judgment citation (vLex)[1872] UKHL J0314-1
CourtHouse of Lords
Date14 March 1872
Shaw (Official Liquidator of the Birmingham Banking Co.)
and
Sir W. Foster, Bart., and Another.

[1872] UKHL J0314-1

House of Lords

1

After hearing Counsel, as well on Friday the 1st as Monday the 4th days of this instant March, upon the Petition and Appeal of Thomas Francis Shaw of Waterloo Street, Birmingham, in the county of Warwick, Bank Manager, the Official Liquidator of the Birmingham Banking Company; complaining of an Order of the Court of Chancery, of the 10th of June 1870; (which said Order was duly signed and enrolled on the 15th of July 1870;) and praying their Lordships to reverse the said Order of the 10th of June 1870, and to affirm the Decree of the Master of the Rolls of the 19th of January 1870, or that their Lordships would alter or vary the said Order of the 10th of June 1870 in such manner as to their Lordships should seem just, and grant to the Petitioner relief according to the Prayer of the Bill, and that the Petitioner might have such further and other relief in the premises as to this House, in their Lordships great wisdom, might seem meet; as also upon the Answer of Sir William Foster, Baronet, put in to the said Appeal; (and which said Appeal was, in pursuance of an Order of this House, of the 20th of April 1871, heard ex parte as to Alexander Gopsell Pooley, he not having answered the said Appeal, though peremptorily Ordered so to do;) and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Order of the Court of Chancery, of the 10th of June 1870, complained...

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20 cases
  • Samuel Kissock and Mary Currie, and The Vendor and Purchaser Act, 1874
    • Ireland
    • Chancery Division (Ireland)
    • 17 February 1915
    ...... principle was laid down by Lord Cairns in Shaw v. Foster ( 1 ), and has never been questioned ......
  • Ong Chat Pang v Valliappa Chettiar
    • Malaysia
    • Federal Court (Malaysia)
    • Invalid date
  • R (MN (Tanzania)) v Secretary of State for the Home Department
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 4 March 2011
    ...... Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 4 1400, Fax No: 020 7404 1424 Official Shorthand Writers to the Court) . Mr ..., one court is left unaware of what another has decided. Steps are taken to try to ensure ......
  • Cook v Mortgage Business Plc; Taylor v Southern Pacific Mortgages Ltd; Scott v Southern Pacific Mortgages Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 24 January 2012
    ...... Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 4 1400, Fax No: 020 7831 8838 Official Shorthand Writers to the Court) . ...There are apparently approximately another 90 cases where mortgagees have commenced ... rely upon observations of Lord Cairns in Shaw v Foster (1871-72) LR 5HL 321 at page 338 and ... the purchase money is paid: In re Birmingham, decd .; Savage v. Stannard [1959] Ch. 523 , ......
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