Holiday v Sigil
| Holiday v Sigil |
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| Court |
Court of Chancery |
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| Citation(s) |
(1826) 2 C&P 176 |
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| Keywords |
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|
Receipt, ignorance |
Holiday v Sigil (1826) 2 C&P 176 is an English trusts law case concerning receipt of property in breach of trust.
Facts
The defendant had a £500 note that had been dropped by claimant. The claimant brought an action for money had and received. The trial was by jury.
Judgment
Abbott CJ gave the following directions to the jury.
| “ |
The question to be considered is, whether you are satisfied that the plaintiff lost this note, and that the defendant found it; for if you are, the plaintiff is entitled to your verdict. I should observe, that it is scarcely possible for a plaintiff, when his property is stolen, or accidentally lost, to prove the loss by direct evidence; and, therefore, that must in almost all cases be made out by circumstances. |
” |
See also
Knowing receipt cases |
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| | | Belmont Ltd v Williams Furniture Ltd (No 2) [1980] 1 All ER 393 | | | | Re Montagu’s ST [1987] Ch 264 | | Baden v Societe Generale [1993] 1 WLR 509 | | | | | | | | Criterion Properties plc v Stratford LLC [2004] UKHL 28 | | Arthur v AG of Turks and Caicos Islands [2012] UKPC 30 | | English trusts law |
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Ignorance sources |
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| | | | | | | | | Carl-Zeiss Stiftung v Herbert Smith & Co (No 2) [1969] 2 Ch 276 | | | | Belmont Finance Corp v Williams Ltd (No 2) [1980] 1 All ER 393 | | | | Criterion Properties plc v Stratford LLC [2004] UKHL 28 | | See English unjust enrichment |
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Notes
References
External links