Yourell v Hibernian Bank Ltd
Jurisdiction | England & Wales |
Judgment Date | 05 February 1918 |
Judgment citation (vLex) | [1918] UKHL J0205-1 |
Court | House of Lords |
Docket Number | [1916] 1 I. R. 312, 321. |
Date | 05 February 1918 |
[1918] UKHL J0205-1
House of Lords
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:
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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