Kirkwood v Gadd
[1910] A.C. 422(Judgment by: Lord Shaw of Dunfermline)
Between: Kirkwood - Appellant
And: Gadd - Respondent
Judges:
Lord Loreburn LC
Lord James of Hereford
Lord Atkinson
Lord Shaw of DunfermlineLord Mersey
Subject References:
MONEY-LENDER
Business carried on at other than Registered Address
Loan effected at Borrower's Residence
Illegality
Bill of Sale
Legislative References:
Money-lenders Act, 1900 (63 & 64 Vict. c. 51) - s. 2, sub-s. 1 (b)
Judgment date: 10 June 1910
Judgment by:
Lord Shaw of Dunfermline
My Lords, I have had considerable doubts in this case. In the judgments to which I have had the pleasure of listening, and which I formerly had the pleasure of reading, I observe that a definition of what is "carrying on business" under this statute is avoided. I observe further that certain proceedings will have to be taken in this cause for the facts to be more fully investigated. Under those circumstances I must entirely agree with the judgment pronounced by my noble and learned friend Lord James of Hereford. It does appear to me that each case must depend upon its own facts, the elementary principle being kept in mind that the Act is to be enforced in all respects, and in no respect evaded.