Keating owned 12,000 pounds interest or share in joint stock reduced 3 per cent annuities, standing to her with the Bank of England, where the accounts were entered in the form of debtor and creditor accounts in the ledgers of the bank. Under what claimed to be a power of attorney given by Mrs. Keating to the law firm of Marsh, Sibbard and Co., on which her signature was in fact forged by Henry Fauntleroy, a partner in Marsh, Sibbard and Co., an entry was made in the books of the Bank of England to transfer andpound;9,000 of the interest or share in the stock to William Tarbutt, to whom, on the instructions of Henry Fauntleroy, the stock had been sold for the sum of 6,018 l 15s. In due course, the broker who conducted the sale accounted for 6,013l 2s.6d. (being the sale price less commission) by a cheque payable to Marsh and Co. Upon the discovery of the forgery, Mrs. Keating made a claim upon the Bank of England; and the bank requested Mrs. Keating to prove in the bankruptcy of the partners in Marsh and Co. in respect of the sum so received by them. Mrs. Keating then commenced an action, pursuant to an order of the Lord Chancellor, to try the question whether the partners in Marsh and Co. were indebted to her, in which she claimed the sum so received by Marsh and Co. as money had and received to her use. The opinion of the judges was taken, and their opinion was to the effect that Mrs. Keating was entitled to succeed in her claim.
Held: Her claim succeeded.
Citations:
[1834] EngR 879, (1834) 1 Bing NC 198, (1834) 131 ER 1094
Links:
Jurisdiction:
England and Wales
Citing:
See also – William Marsh, Josias Henry Stracey, And George Edward Graham v Ann Keating 1833
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Cited by:
Cited – Lipkin Gorman (a Firm) v Karpnale Ltd HL 6-Jun-1991
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 14 May 2022; Ref: scu.259439
