Holiday v Sigil
Holiday v Sigil (1826) 2 C&P 176 is a case at common law concerning the recovery of a banknote.[1][2]
| Holiday v Sigil | |
|---|---|
| Court | Court of Chancery |
| Citation(s) | (1826) 2 C&P 176 |
| Keywords | |
| Receipt, ignorance | |
Facts
The defendant had a £500 note that had been dropped by the 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.
gollark: So is this a new economic theory of "increase government inefficiency to make the economy more economier"?
gollark: You have to pay for it through either some monetary-policy haxxx, or taxes, which take money away from good hard-working citizens*.
gollark: Ah, but does it?
gollark: And at the same time governments probably still throw money at it. Though as a UKian who is on the internet I probably know more about the US/UK situation.
gollark: They probably *will*, because voters".
See also
- English trusts law
Notes
- "Holiday v. Sigil" (PDF). Commonwealth Legal Information Institute. Retrieved 2019-05-11.
- Cases and Materials on the Law of Restitution. Oxford University Press. 2007. ISBN 9780199296514.
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