The Law Reports (Appeal Cases)
[1954] AC 135
[JUDICIAL COMMITTEE]
BANK OF NEW SOUTH WALES APPELLANT; AND WALTER RICHARD JAMES LAING RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
1953 Dec. 7.
LORD PORTER, LORD REID, LORD TUCKER, LORD ASQUITH OF BISHOPSTONE and LORD COHEN.
Australia (New South Wales)
— Practice
— Pleading
— Claim for money lent
— Indebitatus assumpsit count
— Plea of “never indebted”
— Effect
— Nature of onus on plaintiff
— Banker and customer
— Current account
— “Peculiar incidents” of relationship
—
Rules made under Common Law Procedure Act, 1899 (New South Wales), r. 65.
Practice. Banking
— Current account
— Demand for payment
— Necessity of proving in full sufficiency of credit balance.
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