The Alliance Bank Ltd v Broom

JurisdictionEngland & Wales
Judgment Date21 November 1864
Date21 November 1864
CourtHigh Court of Chancery

English Reports Citation: 62 E.R. 631

HIGH COURT OF CHANCERY

The Alliance Bank Limited
and
Broom

S. C. 34 L. J. 256; 10 (N. S.) 1121; 11 L. T. 332; 13 W. R. 127. See Leask v. Scott, 1877, 2 Q. B. D. 378; Miles v. New Zealand Alford Estate Company, 1886, 32 Ch. D. 278; Reichel v. Bishop of Oxford, 1887-89, 35 Ch. D. 69; 14 App. Cas. 259; Fullerton v. Provincial Bank of Ireland. [1903], A. C. 313.

Demurrer. Consideration for Agreement. Existing Debt.

[289] the alliance bank (limited) v. beoom. Nov. 14, 21,1864. [S. C. 34 L. J. Ch. 256 ; 10 Jur. (N. S.) 1121; 11 L. T. 332 ; 13 W. E. 127. See Leask v. Scott, 1877, 2 Q. B. D. 378; Miles v. New Zealand Alford Estate Company, 1886 32 Ch. D. 278; Beichel v. Bishop of Oxford, 1887-89, 35 Ch. D. 69; 14 App. Gas. 259 ; Fullerton v. Provincial Bank of Ireland [1903], A. C. 313.] Demurrer. Consideration for Agreement. Existing Debt. Where a customer being called on by bankers to give security for money due from him on a loan-account agreed by letter to give security, and a bill which had been filed to enforce such agreement was demurred to, on the ground that the agreement was without consideration: Held, that the forbearance of the bank tovenforce payment of the existing debt, in consequence of the agreement, was a sufficient consideration to support it; and the demurrer was overruled. This case came on upon a demurrer. It appeared from the bill that in June 1864 the Alliance Bank opened a loan-account with the Defendants, who are merchants at Liverpool, and...

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23 cases
  • Sea-Land Service Inc v Cheong Fook Chee Vincent
    • Singapore
    • Court of Appeal (Singapore)
    • 1 September 1994
    ... ... In support of his contentions, he relied in his written case on Alliance Bank (Ltd) v Broom ... In the Alliance Bank case,6 the defendants owed a sum of money to the ... ...
  • Osman bin Abdul Ghani and Others v United Asian Bank Bhd
    • Malaysia
    • Supreme Court (Malaysia)
    • Invalid date
  • R v Attorney General of England and Wales
    • United Kingdom
    • Privy Council
    • 17 March 2003
    ...need not discuss. But the actual forbearance was in their Lordships' opinion sufficient consideration to support the contract. In Alliance Bank Ltd v Broom (1864) 2 Dr & Sm 289, 292 the bank demanded security for its loan in circumstances in which, as Sir Richard Kindersley V-C said, it wou......
  • Malayan Banking Bhd v Lauw Wisanggeni
    • Singapore
    • High Court (Singapore)
    • 15 September 2003
    ...to sue, even for a short time, may, in appropriate circumstances, be consideration for a promise (see Alliance Bank Ltd v Broom (1864) 2 Dr & Sm 289). Lauw admitted that Kang, who was then in financial trouble, persuaded him to provide credit support by furnishing security to the bank. Ther......
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1 books & journal articles
  • Banking Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2004, December 2004
    • 1 December 2004
    ...to sue, even for a short time, may, in appropriate circumstances, be consideration for a promise (see Alliance Bank Ltd, The v Broom(1864) 2 Dr & Sm 289; (1864) 62 ER 631). Lauw admitted that Kang, who was then in financial trouble, persuaded him to provide credit support by furnishing secu......

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