Yourell v Hibernian Bank Ltd

JurisdictionEngland & Wales
Judgment Date05 February 1918
Judgment citation (vLex)[1918] UKHL J0205-1
CourtHouse of Lords
Docket Number[1916] 1 I. R. 312, 321.
Date05 February 1918

[1918] UKHL J0205-1

House of Lords

Yourell and Another
and
Hibernian Bank, Limited.
1

After bearing Counsel, as well on Monday the 2d, as Tuesday the 3d, days of July last, upon the Petition and Appeal of Mary Elizabeth Yourell, of Piercetown, in the County of Meath, Ireland, and Margaret McDermott (formerly Margaret Yourell), of Spring Cottage, Malahide, in the County of Dublin, Ireland, praying that the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal in Ireland, of the 20th of June 1916, except so far as regards the words "and it is Ordered that the said Hibernian Bank, Limited, do abide their own Costs of this Action up to this date together with their Costs of this Appeal, and subject to the Variations aforesaid, it is Ordered that the said Judgment of the Master of the Rolls, dated the 23rd day of June 1915, do stand affirmed" might be reviewed before His Majesty the King in His Court of Parliament, and that the said Order, except so far as aforesaid, might be reversed, varied, or altered, and that the Petitioners might have the relief prayed for in the Appeal, or such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed Case of the Hibernian Bank, Limited, lodged in answer to the said Appeal; and due consideration had, as well on Friday the 19th day of October last as 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 the Court of Parliament of His Majesty the King assembled, That the said Order of His Majesty's Court of Appeal in Ireland, of the 20th day of June 1916, in part complained of in the said Appeal, be, and the same is hereby, set aside, and that the Judgment of the Master of the Rolls, thereby in part discharged, be, and the same is hereby, varied, by inserting after the words, "no greater principal sum than £5,700" the words "and no interest in excess of interest upon £5,700 or such less sum as shall have been, or shall be for the time...

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29 cases
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    • United Kingdom
    • House of Lords
    • 30 Noviembre 1989
    ...94) 27 That must be regarded as the basis for the decision in the case. No more should, in my opinion, be read into it. Indeed in Yourell v. Hibernian Bank Ltd. [1918] A.C. 372, in which Crosskill v. Bower was distinguished, Lord Atkinson (at pp. 389-390) treated it as a case in which, by r......
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  • Financial Institutions Services Ltd v Negril Holdings et Al
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    • Court of Appeal (Jamaica)
    • 22 Marzo 2002
    ...Rep. 437. On the other hand the circumstances of the instant cases in many aspects correspond to those in Yourell v. Hibernian Bank [1918] A.C. 372. Here is how Lord Atkinson states the principle at page 391, the situation which governs when no objection is made in the absence of forgery: “......
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    • 22 Marzo 2002
    ...S.A. [1973] 2 Lloyd's Rep. 437. On the other hand the circumstances of the instant cases in many aspects correspond to those in Yourell v. Hibernian Bank [1918] A.C. 372. Here is how Lord Atkinson states the principle at page 391, the situation which governs when no objection is made in t......
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4 books & journal articles
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Law of Insolvent Partnerships and Limited Liability Partnerships Contents
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    ...237 Young (M) Legal Associates Ltd v Zahid (A Firm) and Others [2006] EWCA Civ 613, [2006] 1 WLR 2562 14 Yourell v Hibernian Bank Ltd [1918] AC 372 225 Zebra Industrial Products Ltd, Re [2005] BCC 104 90 Zodiac Pool Solutions SAS, Re [2014] EWHC 2365 (Ch), [2014] BCC 569 23, 30 ...
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    • Wildy Simmonds & Hill Law of Insolvent Partnerships and Limited Liability Partnerships Contents
    • 29 Agosto 2015
    ...[1987] BCLC 232. 195 LPA, s 101(3). 196 LPA, s 101(1)(iii). 197 LPA, s 109(3). 198 LPA, s 109(4). 199 Yourell v Hibernian Bank Ltd [1918] AC 372. 226 Law of Insolvent Partnerships and Limited Liability Partnerships requires that the income received by the receiver is to be applied by him in......
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    • Irwin Books Bank and Customer Law in Canada. Second Edition
    • 19 Junio 2013
    ...309 Young v. Grote (1827), 4 Bing. 253, 130 E.R. 764 ...................................... 273, 295 Yourell v. Hibernian Bank Ltd., [1918] A.C. 372 (H.L.) ..................................... 244 ...
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    • Irwin Books Bank and Customer Law in Canada. Second Edition
    • 19 Junio 2013
    ...47 O.A.C. 319 (Ont. C.A.). 38 Re City and County Property Bank (1895), 21 V.L.R. 405 (Vict. S.C.). 39 Yourell v. Hibernian Bank Ltd ., [1918] A.C. 372 (H.L.); National Bank of Greece S.A . v. Pinios Shipping Co. (No. 1) , [1990] 1 A.C. 637 (H.L.). 40 Deutsche Bank und Disconts Gesellschaft ......

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