swarb.co.uk - law index
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Agency - From: 1200 To: 1799
This page lists 11 cases, and was prepared on 02 April 2018.
Southern v How [1616-1618] J Bridg 125; Cro Jac 468; Poph 143; 123 ER 1248
1616
Montague J, Doderidge J
Agency
A trader left counterfeit jewels with a factor who in turn arranged for an agent to sell them as genuine articles. The purchaser discovered the fraud, and had the agent arrested and had the money returned to him. Held: No action lay as between the agent and the original trader. Even though the agent was inocent of the fraud, especially where thejury found no instruction from the trader to the factor to find an agent or to ask the factor to conceal the nature of the items. The factot having been authorised himself could not delegate that agency without authority from the trader.
Doderidge J: 'An action upon the case was brought in the Common Pleas by a clothier, that whereas he had gained great reputation for his making of his cloth, and by reason whereof he had great utterance to his great benefit and profit, and that he used to set his mark to the cloth whereby it should be known to be his cloth, and another clothier perceiving it, used the same mark to his ill-made cloth on purpose to deceive him, it was resolved that an action did well lie'.
1 Citers
Dashwood v Elwall [1681] EngR 191; (1681) 2 Chan Cas 56; (1681) 22 ER 844 (B)
20 Jun 1681
Agency
Factor takes Security in his own Name, without Notice of it to his Principal.- Merchant - Factor
[ Commonlii ]
Coggs v Bernard (1703) 1 Sm LC (13th Ed) 175; [1703] 1 Salk 26; [1703] 1 Com 133; [1703] Holt KB 13; [1703] 2 Ld Raym 909; [1703] 3 Salk 11; [1703] 92 ER 107; [1703] 36 Digest (Rep 1) 32
1703
Lord Holt CJ, Powell J
Negligence, Agency
The defendant had care of the plaintiff's cask of brandy. He broke the cask and spilt the brandy. Held: A bailment can exist notwithstanding that it is gratuitous, i.e. without consideration passing from the bailor to the bailee. The declaration that defendant was not a common porter and had been given nothing for his pains, was good, though there was no consideration. Gould J said: 'The reason for the action is, the particular trust reposed in the defendant, to which he has concurred by his assumption, and in the executing which he has miscarried by his neglect.' The historical approach of the common law to the question of negligence found its inspiration in Roman law concepts, as in the case in the law of bailment. As to the setting up of a nominal contractual obligation to obviate difficulties in negligence: 'Secondly it is objected, that there is no consideration to ground this promise upon, and therefore the undertakings is but nudum pactum. But to this I answer, that the owner's trusting him with the goods is a sufficient consideration to oblige him to careful management. Indeed if the agreement had been executory, to carry these brandies from one place to the other such a day, the defendant had not been bound to carry them. But this is a different case, for assumpsit does not only signify a future agreement, but in such a case as this, it signifies an actual entry upon the thing, and taking the trust upon himself. And if a man will do that, and miscarries in the performance of his trust, an action will lie against him for that, though nobody would have compelled him to do the thing.'
Holt CJ said that there were six classes of bailment.
1 Citers
[ Commonlii ]
George Ainslie v Arbuthnot and Co [1743] UKHL 1_Paton_340; (1743) 1 Paton 340
7 Feb 1743
HL
Scotland, Agency
A factor taking bills in his own name, from his constituent's debtor, without giving notice thereof to his constituent, found liable for the loss arising from the bankruptcy of the debtor.
[ Bailii ]
Bramhall v Hall [1764] EngR 3; (1764) 2 Eden 220; (1764) 28 ER 882 (C)
1764
Agency
Defective execution of a power refused to be supplied in favour of a natural son against persons claiming under a subsequent valid execution of it.
[ Commonlii ]
Bramhall v Hall [1764] EngR 54; (1764) Amb 467; (1764) 27 ER 307
30 Jun 1764
Agency
[ Commonlii ]
Beckford v Beckford [1783] EngR 64; (1783) 4 Bro PC 38; (1783) 2 ER 26
28 Apr 1783
PC
Wills and Probate, Agency
A. by will devises all his estates to his eldest son in tail male, with remainders over ; part of the property consisted of an estate in Jamaica, and therefore the testator added the following clause: " And E recommend to my executors, that all sugars, rum, and other plantation produce that is sent to the port of London, be consigned to the house of Collet, Evans, and Co. until such time as any of my sons shall set up in the business of a sugar factor ; then my desire is, that the consignment may pass through his or their hands."
C. a natural son of the testator's, set up the business of a sugar factor, during the minority of the devisee, and accordingly got the consignments upon the devisee's coming of age, C. accounted with him, but insisted on being entitled to his commission not only upon the produce which he had actually sold, but also upon the produce which had been consigned to him, but was not then arrived in the port of London. Held, that the words of the above clause were not imperative, or amounted to words of bequest in favour of C. but were recommendatory only. Held also, that C: was entitled to a commission only upon what he had actually sold, and not upon what was only consigned, but not delivered to him. DECRETAL ORDPR of Chancery
[ Commonlii ]
Grove And Another, Assignees of Liotard, A Bankrupt, v Dubois [1786] EngR 42; (1786) 1 TR 112; (1786) 99 ER 1002
31 Jan 1786
Agency, Insurance
A commission del credere is an absolute engagement to the principal from the broker, and makes him liable in the first instance. A broker with such a commission may set-off, under the general issue, a loss upon a policy happening before a bankruptcy, to an action by the assignees of the bankrupt, for premiums upon various policies under-written by him, and for which he had debited the broker : but such a loss carinot be proved under a riotice of set-off.
[ Commonlii ]
Messrs Sturrock and Stewart v William Porter, Merchant St Petersburgh, and Alexander Ogilvie, Merchant Leith, His Attorney [1786] UKHL 3 - Paton - 45
27 Mar 1786
HL
Agency
Factor - Sale - Notice. - Held, where a foreign merchant was commissioned to purchase flax for a merchant in Dundee, that the former was not liable for the loss of the flax by fire, which he had purchased, though he had not intimated the purchase to his employer; the flax being only part of the quantity ordered, and was put into a store, waiting the arrival of a vessel to take it to Dundee.
[ Bailii ]
Saunderson v Marr [1788] EngR 230; (1788) 1 H Bl 75; (1788) 126 ER 46 (A)
17 Nov 1788
Agency, Children
A warrant of attorney given by an infant is absolutely void, and the Court will not confirm it, though the infant appear to have given it (knowing that it was not valid), for the purpose of collusion.
[ Commonlii ]
Walsh v Whitcomb [1803] EngR 393; (1796, 1799, 1803) 2 Esp 565; (1803) 170 ER 456 (B)
1797
Lord Kenyon
Agency
Lord Kenyon said that powers of attorney are "revocable from their nature".
1 Citers
[ Commonlii ]
