MATTHEWS v. THE TRUSTEES EXECUTORS AND AGENCY COMPANY LIMITED

24 VLR 643·MADDEN, C.J., WILLIAMS and HOLROYD, JJ.
24 VLR 643
24 VLR 643
MATTHEWS v. THE TRUSTEES EXECUTORS AND AGENCY COMPANY LIMITED Supreme Court of Victoria (Full Court) MADDEN, C.J., WILLIAMS and HOLROYD, JJ. November 17, 18 November 1898 Trusts Act 1896 (No. 1421), s. 29, sub-s. (1), sub-div. (b), and sub-s. 2 — Breach of trust — Fixed deposit in bank — Reconstruction of bank — Fixed deposit in new bank — Limitation of action — Time when cause of action first accrued .

A trustee company, in breach of its trust, but without fraud, more than six years before the action was brought invested upon deposit receipt for fixed periods trust moneys in a bank which while they remained so invested, in 1892, went into liquidation. In October of that year the trustee company applied for and accepted in full satisfaction and discharge of the liability of the bank in liquidation deposit receipts for fixed periods for similar amounts in a new company formed to purchase the assets of and take over the liabilities of the bank in liquidation.

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24 VLR 643

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