Devaynes v Noble (Clayton's Case)

In a running bank account, the first payment in is treated as the first payment out, a rule applied to mixed trust funds.

Citation
(1816) 1 Mer 572
Court
Court of Chancery
Year
1816
Subject
Equity and Trusts
Topic
Tracing and third party liability

Facts

Mr Clayton was a customer of a banking partnership. One of the partners died, and the surviving partners continued the business, but the bank later failed. Mr Clayton had paid money into and out of his account both before and after the partner's death. The question was whether the deceased partner's estate was liable for the money Mr Clayton had deposited before his death.

Legal principle

Sir William Grant MR held that, in a current account, payments out are applied to the earliest payments in, on a first in, first out basis. The payments that Mr Clayton had withdrawn after the partner's death were treated as withdrawals of his earliest deposits, so the deceased partner's estate was no longer liable for them. The rule was later applied to tracing where money from several beneficiaries has been mixed in a bank account, although it is often displaced.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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