Banker customerDebtor creditorCourt of Chancery (England)

Tomlinson v Gill

(1756) Amb 33017561 min read
The case in brief30-second read
Facts
A bank became insolvent. Depositors claimed their money should be returned in priority over other creditors. They argued the bank held their money in trust.
Issue
Whether depositors have priority over other creditors upon the insolvency of a bank.
Held
The Court held that since money deposited with a banker becomes the banker's property (debtor-creditor), depositors are unsecured creditors upon insolvency. They rank pari passu with other unsecured creditors and cannot claim proprietary interest in the bank's assets.
Principle
Depositors are unsecured creditors in bank liquidation; they rank pari passu with other unsecured creditors

Facts

  • A bank became insolvent
  • Depositors claimed their money should be returned in priority over other creditors
  • They argued the bank held their money in trust

Issue

  1. Whether depositors have priority over other creditors upon the insolvency of a bank.

Held

  • The Court held that since money deposited with a banker becomes the banker's property (debtor-creditor), depositors are unsecured creditors upon insolvency. They rank pari passu with other unsecured creditors and cannot claim proprietary interest in the bank's assets.

Ratio decidendi

Depositors are unsecured creditors in bank liquidation. The debtor-creditor characterisation means no trust exists and no tracing is possible. Depositors rank equally with other unsecured creditors.

Exam use

How to use it in an answer

Use to explain the consequence of the Foley v. Hill principle in insolvency. Key line: "Depositors are unsecured creditors; no priority, no proprietary claim."

Cite this

Citation

Tomlinson v. Gill (1756) Amb 330

Reported: Ambler Reports. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.