Money for Ireland: Finance, Diplomacy, Politics, and the First Daail Aeireann Loans, 1919-1936

By Francis M. Carroll | Go to book overview

Appendix III

The Impact of the Bond Cases in International Law

The two cases initiated by the Irish Free State government in 1922 to obtain possession of the Dáil Loan monies in Ireland and the United States, Fogarty and others v. O'Donoghue and others and Irish Free State, et al., v. Guaranty Safe Deposit Company, et al., raised several important issues in international law concerning state succession. 1 Because the Irish courts and the New York court reached what amounted to contradictory decisions, the legal implications of the cases were not readily seen. Nevertheless, the cases have been cited for over 50 years in reference to matters of state succession.

The leading commentator in the United States was Professor Edwin D. Dickinson of the University of Michigan Law School, who studied both cases over a number of years. In 1927 he published an extensive analysis of the cases and all of the relevant precedents cited in the American Journal of International Law. He stated that Judge Peters' conclusions in Irish Free State v. Guaranty Safe Deposit Company about the status of the Dáil Éireann government, while exhibiting “a certain logical appeal, ” were “over refined.” “It may be that in strict legal theory the Free State government succeeded the government of the United Kingdom without hiatus, ” Dickinson asserted. “Yet in fact something intervened.” That “something” was the Dáil Éireann government, he claimed. Professor Dickinson also argued that the New York Supreme Court should have followed the Irish Free State courts in their decision in Fogarty v. O'Donoghue, “that the succession vests in the Free State, ” denying Judge Peters' contention that the intervention of the bondholders' committees

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Money for Ireland: Finance, Diplomacy, Politics, and the First Daail Aeireann Loans, 1919-1936
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Acknowledgments xi
  • Abbreviations xiii
  • Chapter 1 - Dáil Éireann and the Need for Money 1
  • Chapter 2 - The Irish Bond-Certificate Drive in America 15
  • Chapter 3 - The Treaty Crisis, the Civil War, and Rival Claims for the Dáil Funds 31
  • Chapter 4 - The Dáil Funds in the New York Courts 49
  • Chapter 5 - New Claims for the Bond-Certificates 69
  • Chapter 6 - The Irish Settlement 83
  • Appendix I 95
  • Appendix II 101
  • Appendix III 109
  • Appendix IV 117
  • Appendix V 147
  • Bibliography 167
  • Index 173
  • About the Author 182
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