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'Banker's Lien is not an Implied Pledge

By K. P. Narayanan , K. P. JanarDhanan

Published In

Tax LR 1976

It was Lord Campbell who said in Brandao V Barnett that the right acquired by a general lien is an implied pledge. Since that day this phrase has become an axiom. The facts of the case, as summed up in the report*, are as follows. A bought on account of B, and with B.'s money, certain exchequer bills, which A. deposited in a Box that he kept at his banker's, himself retaining the key. Whenever it became necessary to receive the interest on the exchequer bills and to exchange them for new ones, A was in the habit of taking them out of the box and giving them to the bankers for that purpose (such being the usual course of business); which being accomplished, the new exchequer bills were, as soon as conveniently might be, handed over to and locked up by A. in the box the amount of interest received by bankers being passed to the credit of A.'s account. The exchequer bills themselves were never entered to A.'s account, nor had the bankers any notice or knowledge that they were n ....

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