Owen v. Tate Q.B.

402 (1974)

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Nature of the Case

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Facts

Owen (P) guaranteed the debt of Tate (D) without being asked to do so. P was then called upon to pay the debt of D. P did pay the debt and sued D to recover the funds. The case was tried, and the judge dismissed the claim for reimbursement under the fact that the judge considered P a volunteer. D got the loan from Lloyds Bank, and the loan was secured by a mortgage upon the property of Lightfoot. P was in no way connected to this transaction. Miss Lightfoot became concerned that her deeds were being held by the bank and consulted P who offered to help her get the deeds back. Miss Lightfoot was a former employee of P. P then deposited 350 pounds with the bank and signed a form of guarantee which guaranteed the payment of the monies on the loans of D. P did not consult D about this transaction, and his only motive was to help Miss Lightfoot. The bank then applied the monies to the loan about a year later. P then demanded that D repay him and they refused. P appealed the lower court’s decision.