Philip Bertie Petrides.

Student's cases : illustrative of all branches of the law online

. (page 1 of 29)
Font size
QR-code for this ebook

III:!:



«?



MAY.



1910.



VALUABLE LAW WORKS

PUBLISHED BY



STEVENS AND SONS,

LIMITED,

119 * 120, CHANCERY LANE, LONDON, W.C.



Russell's Treatise on Crimes and Misdemeanors. — Seventh



Editioi .

Unr VOi

Carver's 1

Good> by

L0O9. r>
Lush on

Jurisdictii
LUSH, E
Barrister -

Blackburn

of the Cot
Wares, ai

norma:

Jioi/a' Svn.

Farleigh's

FAELEK

Thatcher ^

tion. of L
IIAR1LI

Wharton's

Law of
Phrases H
the < Jivil,
Barrister-

Farrer's P

Reversion
&ppendici
THOMA?
l6». doth.

Hood anc

Trustee A
taries. S(




UNIVERSITY

OF CALIFORNIA

LOS ANGELES



SCHOOL OF LAW
LIBRARY



', lianistci s-at-Law.

e Carriage of

• at- Law. Itoi/ttl Svo.

within the

By C. MONTAGUE
rSSEY GRIFFITH,

on the Effect

'• ssession in I roods,
hir. By .WILLIAM
, Bamsters-at-Law.

y E. Austin

cloth.

Icing' a Selec-

IEK and D. H. J.

ft. cloth.

itome of the

c'chuica] Terms and

selected Titles from

H AX BURY AGGS,

Real Estate,

letory < Shapters, and

,D FARRfcR and

- . 1909. Price

i Land and

ig. With I ''inmicn-
■y J.I. STIRLING,



[andbook for



J i r 1 1 rasters

Palmer's

Lawyers i c Companies (Consoli-

dation Act, 1908, and Rules. Eighth Edition. By Sir FRANCIS BEAUFORT
l'AL.MKH, Bencher of the Inner Temple. Royal Svo. 1910. Price 12*. 6rf. cloth.



Palmer's Company Precedents. -

Companies subject to the Companies Acts.
Paet I. : GENERAL forms. Tenth Edition.



-For use in relation to



By Sir



FRANCIS BEAUFORT
PALMER. Bi D( hi r of the Inner 1 1 mple, assisted by the Hon. C. MACNAGHTEN,
K.C., and FDWARD MANX >N, Barrister-at-Law. Roy.8vo. 1910. Price 38s. cloth.

T'abt II. : WINDING-UP FORMS AND PRACTICE. Tenth Edition. By Sir FRANCIS
BEAUFORT PALMER, Bencher <,fth.- Inner Temple. Roy. 8vo. 1910. Priet 32*. ch

I'ai:: 111.: DEBENTURES AND DEBENTURE stock . Tmth Edition. By Sir FRANCIS
BEAUFCTET l'.\l..Mi:i;, Bencher of the Inner 'Temple. Soy al Svo. 1907. Priet 25s.cLi

*»* A Catalogue of Mod I. ■ Works, Reports, %c. post free, 6d.

( 1 )



BARRISTER, SOLICITOR &c.
INGERSULL, ONT.



STEVE N T S AND SONS, LIMITED, 119 & 120, CHANCERY LANE. LONDON. *

Magistrate's General Practice, 1910 (The). — By Charles

MILNER A.TKIXSON, Stipendiary Magistrate for Leeds. Demy 8co. 1910.

Trice -20s. cloth.

Annual Practice (The), 1910. — Edited by B. Fossbtt Lock,

Barrister- at- Law ; CHARLES RURNEY, a Master of the Supreme Court; and
E. A. STRINGER, of the Central Office. Two Vols. 8vo. Price*, ,„t, 2ns. cloth.
*** A Thin Taper Edition in One Vol., price] net, 25&, or on India Paper, 3*. Gd. extra.

A, B, C (The) Guide to the Practice of the Supreme

Court, 1910. -By F. R. P. STRINGER, of the Central Office. Royal \'2mo. Trice,

•net. 5s. cloth.

Annual County Courts Practice, 1910. — By His Honour

JUDGE 3MYLY, K.C.. and W. J. BROOKS, Barrister-at-Law. Two Vols.
Demy %vo. Trice \1. bs. cloth.
*** A Thin Toper Edition in One Vol., price2ns., or on India Paper, 3s. fid. extra.

Annual Digest (The) for 1909. — By John Mews, Barrister-
at-Law. Royal 8vo. Trice 15s. cloth.
* s * 7 his Digest is also issued quarterly^ each part being cumulative. Priceto Subscribers,
for tin four parts, payable in, advance, net, 17s.
"The practice of the law without Mews' Annual would be almost an impossibility." —

Law Thins.

Leake's Elementary Digest of the Law of Property in

Land. — Second Edition. Bv A. E. RANDALL, Barrister-at-Law, Editor of
" Leake on Contracts," &c. " Royal 8vo. 1909. Trice 20,*. cloth.

Leake's Principles of the Law of Contracts. — Fifth Edit.

By A- K. RAND ALL, Barrister-at-Law. Royal 8vo. 1906. Price 11. 12s. cloth.

Arnould on the Law of Marine Insurance and Average. —

Eighth Edition. By EDWARD LOUIS db HART and RALPH ILIFF SIMEY,
Ba'rristers-at-Law/ Two Vols. Royal 8vo. 1909. Trice 31. 3s. cloth.

Chalmers' Digest of the Law of Bills of Exchange,

Promissory Notes, Cheques and Negotiable Securities. — 'Seventh Edition. By
Sir M. ~D. CHALMERS, K.C.B.. C.S.I , Draughtsman of the Bills of Exchange
Acts. Jinny Sro. 1909. FriceVOs. cloth.

Spencer's Agricultural Holdings Act, 1908, with the

New Rules and Forms issued by the Board of Agriculture. Fourth Edition, Re-Issue.
By AUBREY J. SPEKCER, Barrister-at-Law. Demy 8vo. 1S09. Price 6s. cloth.

Spencer's Small Holdings and Allotments Act, 1908, with

Explanatory Notes. — Also Circular Letters and Rules and Regulations of the Board
of Agriculture and Fisheries, and Treasury Minutes, and Forms for use under the
Act. By A. J. SPENCER, Barrister-at-Law. Detny.8vo. 1909. Price 7s., Gd. cloth.

Macdonell's Law of Master and Servant. — By Sir John

MACDONELL, LL.D., C.B., a Master of the Supreme Court. Second Edition. Bv
EDWARD A. MITCHELL INNES, K.C. Royalbvo. 190S. Price lbs. cloth.

Ingpen on the Law of Executors. — A Concise Treatise on the

Law relating to Executors and Administrators. Bv ARTHUR ROBERT INGPEN,
K.C. Royal 8vo. 1908. Price 2ps. cloth.

Macnamara's Law of Carriers of Merchandise and Pas-
sengers by Land.— By WALTER HENRY MACNAMARA, J)arrister-at-Law,
Registrar to the Railway Commission, a Master of the Supreme Court. Second
Edition. By the AUTHOR and W. A. ROBERTSON, Barrister-at-Law. Ron. Sro.
1908 Price \l. 10s. cloth.

Disney's Law of Carriage by Railway. — Second Edition.

By HENRY W. DISNEY, Barrister at-Law. Demy 8vo. 1909. Trice 7s. fid. cloth.

Petrides' Students' Cases, illustrative of all branches of the

Law.— By PHILIP B. PETRIDES, Barrister-at-Law. Demy Sro. 1910. Price
10s. 6d. cloth.

Stringer's Oaths and Affirmations in England and Ireland.

— Third Edition. By FRANCT-i A. STRINGER, of the Central Office, Royal
Courts of Justice, assisted by J. JOHNSTON, of the Royal Courts of Justice.
» Crown 8vo. 1910. Price 4s. cloth. V

I iS

t * WHERE to LOOK for YOUR LAW. as set out in the Latest Legal Text-books. Is. net.

( 2 )






STUDENTS' MANUALS

UNDER THE GENERAL EDITORSHIP OF

BERTRAM JACOBS, LL.B.,

OP THE INNER TEMPLE, BARRISTER-AT-LAW.



No. 1.
STUDENT'S CASES,

ILLUSTRATIVE OF

ALL BRANCHES

OF THE LAW.



RECENT LAW WORKS FOR STUDENTS.



FARLEIGH'S MANUAL OF COMMERCIAL LAW.— By E. Austin
Fableigh, Barrister-at-Law. Demy 8vo. 1910. Cloth, 9s.

SHIRLEY'S COMMON LAW CASES.— A selection of Leading Cases
in the Common Law. With Notes. Eighth Edition. By Richard
Watson, Barrister-at-Law. Demy 8vo. 1908. Cloth, 16s.

WARBURTON'S CRIMINAL LAW CASES.— A selection of Leading
Cases in the Criminal Law. With Notes. Fourth Edition. By
Henry Warburton, Barrister-at-Law. Demy 8vo. 1908. Cloth,
12s. (>d.

STRAHAN'S LAW OF PROPERTY.— A General View of the Law
of Property. Fifth Edition. By J. A. Strahan, assisted by J. S.
Baxter, Barristers-at-Law. Demy 8vo. 1908. Cloth, 12s. 6d.

POLLOCK'S LAW OF TORTS.— A Treatise on the Principles of
Obligations arising from Civil Wrongs in the Common Law.
Eighth Edition. By Sir Frederick Pollock, Bart., Barrister-at-
Law, Author of " Principles of Contract," &c. Demy 8vo. 1908.
Cloth, 25s.

ODCERS' PRINCIPLES OF PLEADINC AND PRACTICE in Civil
Actions in the High Courts of Justice. Sixth Edition. By AV.
Blake Odgers, K.C., LL.D. Demy 8vo. 1906. Cloth, 12s. 6d.

WILLS' LAW OF EVIDENCE.— The Theory and Practice of the
Law of Evidence. By William Wills, Barrister-at-Law. Second
Edition. By the Author and Thornton Lawes, Barrister-at-Law.
Demy 8vo. 1907. Cloth, 15*.

SMITH'S PRACTICAL EXPOSITION OF THE PRINCIPLES OF

EQUITY, illustrated by the Leading Decisions thereon. For the
use of Students and Practitioners. Fourth Edition. By H Arthur
Smith, Barrister-at-Law. Demy 8vo. 1908. Cloth, 21s.

SMITH'S ANALYSIS OF THE PRINCIPLES OF EQUITY.—

By H. Arthur Smith, Barrister-at-Law. Demy 8vo. 1909.
' loth, os.

BARHAM'S STUDENTS' TEXT BOOK OF ROMAN LAW.—

Second Edition. By C. Nicholas Barham, Barrister-at-Law.
Demy 12mo. 1908. Cloth, 3*. 6d.

STEVENS & SONS, Ltd., 1 19 & 120, Chancery Lane, London.



Students Cases,

ILLUSTRATIVE OF

ALL BRANCHES

OF THE LAW.



BY

PHILIP B. PETRIDES,

Barrister-al-Laiv ,

OF THE MIDDLE TEMPLE AND MIDLAND CIRCUIT.



LONDON:

STEVENS AND SONS, LIMITED,

119 & 120, CHANCEEY LANE,

fato fhtblishers.

1910.



T






iii )



PREFACE.



It is believed that this work makes a new departure in the
books provided for students under the title of " Leading " or
" Selected " Cases. The method hitherto employed is that of
giving a leading case and appending to it a dissertation upon
various matters that appear to the author to be germane to the
principle of the leading case itself.

To follow this course would be to give a repetition of the
matter contained in the text- books to which this work on
leading cases is intended to be a companion volume. One
result of the form in which leading cases have hitherto been
published is that to reach such leading cases as are necessary
the student has to peruse a number of more or less bulky
volumes, one dealing with common law cases, another with
equity cases, and so forth.

Even then the volumes now available do not cover the
entire ground of the student's reading for any of the ordinary
examinations, such as the Solicitors' or the Bar Final.

The method adopted in the present work is to set out the
facts of the leading or some illustrative cise in sufficient detail
to give it actuality and vividness, and then to give the substance
of the judgment. All such comment as the student will find in
his text-book on the subject is omitted.

Each case is preceded by a concise statement of the principle
decided, and is" occasionally followed by an elucidatory note.
In this way it has been possible to bring within the limits of a
moderate-sized volume no less than 415 cases illustrative of

a 2



IV PREFACE.

every branch of the law which the student has to take up for
the purposes of his examinations.

The idea is to afford a companion volume to whichever text-
book he may happen to be studying on any particular subject,
so that he may be able to turn to this book for a sufficiently full
statement of the principal cases referred to in the text-book.
It is hoped also that the work will be found specially useful for
the purposes of revision, as containing in a small space all the
cardinal propositions of law with an appropriate illustration of
each one. It is believed that practically no case among those
usually labelled and recognised as "leading" has been omitted,
and a number of others will be found whose inclusion is con-
sidered to be justified by reason of their aptness as illustrations
of the principles underlying their decision.

Since this Book has been printed the case of Yonge v. Toi/nbce,
which in effect overrules the decision in Smout v. I/bery, has
been reported. The facts and decision are set out in the Corri-
gendum et Addendum on page xxxv.

My grateful thanks are due to the general editor, Mr.
Bertram Jacobs, LL.B., who is responsible for the scheme of
the book, for the invaluable assistance he has so freely rendered.

I also desire to express my sincere thanks to Mr. II. Trill, B.A.
and LL.B. (Camb.) and B.A. (Cape), and Mr. D. H. J.
Hartley, M.A. (Camb.), for their kind assistance in reading
proofs and for many valuable suggestions made.

PHILIP B. PETEIDES.

5, Puinp Court, Temple.



( v )






' p



TABLE OF CONTENTS.



-♦-



CONTRACT.

PAGE

The Satanita — Dunraven y. Clarke (offer and acceptance

may be express or tacit) 1

Taylor v. Laird (offer must be communicated) U

Montreal Gas Co. v. Vasey goffer must be intended to create

legal relations ) -A

Davies v. Davies (offer must not be vague or illusory) 5

Richardson v. Rowntree (offer must give reasonable notice

of conditions; 6

Routledge v. Grant (offer is revocable before acceptance;... 7

Byrne v. Van Tienhoven (revocation of offer must be com-
municated) H

Harvey v. Facey goffer must be distinguishable from mere

statement of fact) 10

In re Picktjs, Farina v. Fickus (offer must be distinguished

from mere statement of intention 1 11

Spencer v. Harding (invitation to treat is not an offer; ... 12

Carlill r. Carbolic Smoke Ball Co. (effect of offer to world

at large) 14

G. N. R. Co. v. Witham (once accepted an offer cannot be

revoked ) 15

Warlow v. Harrison (effect of sale by auction without re-
serve ) 16

Henthorn v. Fraser (mode of acceptance where none indi-
cated by offer) 17

Eltason v. Henshaw (mode of acceptance must bo that in-
dicated by offer) 18

Felthouse v. Bindley (the doing of an act indicating that
offeree has made up his mind to accept, is not necessarily
acceptance ) 19

Ramsgate Hotel Co. v. Montefiore (offer must lie accepted

within reasonable time if none fixed) -1



VI TABLE OF CONTENTS.

PAGE

Household Fire Insurance Co. v. Grant (acceptance need

not reach offeror) 23

Jones v. Daniel (acceptance must be unqualified; 23

Hyde v. Wrench (qualified acceptance is equivalent to a

refusal and causes offer to lapse; 25

Simpson v. Hughes (remarks relating- to points arising- out

of bargain do not necessarily qualify acceptance) 26

Stevenson v. McLean (enquiry as to modification of term

not necessarily a refusal; 27

Coavan v. O'Connor (contract is deemed to be made at place

where accepted; 29

Denton v. G. N. R. Co. (offer to purchase ticket creates

a contract; 29

Kirkham v. Attenborough (acts exercising option to pur-
chase goods on " sale or return "; 30

Helby v. Matthews (hire-purchase agreements; 32

Stokes v. Lewis ^payment of a person's debt without con-
sent of debtor; 33

Xenos V. Wickham (constructive delivery of a deed; 34

Lawford v. Billericay Sural Council (corporation's lia-
bility where contracts not under seal; 35

Young v. Mayor of Leamington (contracts over 50/. by

urban authority must be under seal; 3G

Nash v. Armstrong (deed may be varied or rescinded by

subsequent parol agreement; 37

Smith v. Gold Coast and Ashantl Explorers, Ltd. (con-
tracts for one year from day after agreement; 38

McGregor v. McGregor (contracts capable of performance

within one year) 3'J

Birkmyr v. Darnell (contracts of guarantee) 40

Mountstephen v. Lakeman (contracts of guarantee; 40

Holmes v. Mitchell (requirements of Statute of Frauds) .. 42

Buxton v. Rust ("memorandum or note in writing") 43

Lucas v. Dixon (memorandum must be made before action

brought) 44

Rossiter v. Miller (acceptance subject to execution of

formal contract; 44

In re Hoyle, Hoyle v. Hoyle ("memorandum or note in

writing- ") 45

Hoadiey v. Maclaine (price omitted from memorandum)... 46

Long i\ Millar (connecting separate documents) 47



TABLE OF CONTENTS. Vll

PAGE

Oliver v. Hunting (connecting- separate documents) 47

Pearce r. Gardner (connecting- letter with envelope) 4'o

Leroux v. Brown (non-compliance with Statute of Frauds). 49
Britain v. Rossiter (part performance of contracts required

to be in writing) 50

Maddison v. Alderson (part performance of contract re-
quired to be in writing) 51

Lee v. Griffin (contracts to make goods worth more than

102.) 52

Page v. Morgan ("receipt and acceptance" of goods) 53

Peek v. North Staffordshire Railway Co. (special con-
tracts by carriers) 54

Bainbridge v. Firmstone (adequacy of consideration -will

not be considered) 55

Fleming v. Bank of New Zealand (definition of considera-
tion) 5G

Tweddle v. Atkinson (stranger to consideration cannot

sue) 57

Eastwood v. Kenyon (past consideration is no considera-
tion) 57

Wade v. Simeon (forbearance to sue usually a good con-
sideration) 58

Hartley v. Ponsonby (promise to perform existing eon-
tract is no consideration) 59

Goddard v. O'Brien (payment of a smaller sum in satis-
faction of a larger) 59

Good v. Ciieesman (consideration for a composition) 60

Coggs v. Bernard (liability of gratuitous bailee) 61

Collins v. Blantern (a deed is void if the consideration

is illegal) 62

Mighell v. Sultan of Johore (actions against foreign sove-
reigns) 62

Nash v. Inman (necessaries for infants) 63

Edwards v. Carter (continuing contracts of infants) 64

Green v. Thompson (infant's contract for his benefit) 64

Ditcham v. Worrall (ratification of promise of marriage

by infant) 65

Jennings v. Rundall (contract of infant framed in tort)... 66

Imperial Loan Co. v. Stone (contracts by a lunatic) 66

Lewis v. Clay (signature to negotiable instrument obtained

bv fraud) 67



Vlll TABLE OF CONTENTS.

PAGE

Cundy v. Lindsay (mistake as to party with whom con-
tracting) •_._ 68

Raffles v. YVjcheliiaus (mistake as to subject-matter of

contract; 70

Scott v. Coulson (mistake as to subject-matter of contract; 70
Paget v. Marshall (mistake as to subject-matter of con-
tract; 71

In re Bodega Co., Ltd. (nioney paid under mistake of fact

is recoverable; 71

Rogers v. Ingham (money paid under mistake of law) 73

Derry v. Peek (^effect of innocent misrepresentation and

fraud) 73

Anderson v. Pacific Insurance Co. (statement of honest

opinion not misrepresentation; 75

Bates v. Hewitt (innocent misrepresentation of contracts

uberrima fidei) 75

Seddon v. North Eastern Salt Co., Ltd. (rescission of

executed contract for sale of chattel; 76

Ward v. Hobbs (caveat emptor applies to sale of goods) .... 77
Freeman v. Cooke (estoppel by wilful misrepresentation)... 78
Ark wright v. New t bold (deceit must deceive to constitute

action for fraud) 79

Carrtni.tons, Ltd. v. Smith (•'■ harsh and unconscionable "

money-lending contracts; 80

Egerton v. Brownlow (contracts contrary to public policy) 81

Mosse v. Killick (simony is illegal; 81

De Mattos v. Benjamin (money won by agent in gaming

transaction; 82

Burge v. Ashley & Smith, Ltd. (money in hands of stake-
holder in gaming transaction; 83

Carney v. Plimmer (money lent to make a wager not re-
coverable; 84

Tatham v. Reeve (money paid in discharge of gaining

debt of another) 84

Fitch v. Jones (bill of exchange in payment of a wager). ... 85
Universal Stock Exchange v. Stracuan (transaction to pay

dill'erences where no intention to purchase) 86

Keir v. Leemax (agreements to stifle criminal proceedings). 87

Rees v. De Berxardy (champerty is illegal) 87

Hermann v. Charlesworth (marriage brocage contracts

arc illegal ) 88



TABLE OF CONTENTS. IX

PAGE

Lowe v. Peers (agreements iu total restraint of marriage

are not binding) 89

Cart wright v. Cartwright (agreements as to present and

future separation) 89

NoRDENFELT V. MAXIM-NoRDENFELT GUN Co., LTD. (cOll-

tracts in restraint of trade must be reasonable) £0

Pickering v. Ilfracombe Eailway Co. (effect of illegality

of part of contract) 91

Fisher v. Bridges (security under seal for prohibited pay-
ments is void) 92

Harse v. Pearl Life Assurance Co. (in pari delicto, potior

est conditio possidentis) 93

Pearce v. Brookes (agreement innocent in itself is void if

in aid of illegal object; 93

Beaumont v. Beeve (past illicit cohabitation is no considera-
tion) 91

Taylor v. Bowers (where illegal purpose unperformed the

consideration therefor is recoverable) 94

Santos v. Illidge (contracts made abroad legal where made

but unlawful in England) 95

Hyams v. Stuart King (fredi consideration may supersede

former illegal consideration) 9G

Law v. London Indisputable Life Policy Co. (insurable

interest at date of insurance) 97

Humble v. Hunter (assignment of executory contract) ... 98

Hughes v. Pump House Hotel Co. (effect of absolute assign-
ment of chose in action; 99

London Joint Stock Bank v. Simmons (bond fide holder for

Value of negotiable instrument obtains good title) 100

Bechuanaland Exploration Co. v. London Trading Bank

(class of negotiable securities may be added to) 101

The Conflans Stone Quarry Co. v. Parker (loser of bill

of exchange must indemnify payer) 102

LicKBARBOW v. Mason (right to " stoppage in transitu "

maj' be defeated) 102

Finlay v. Chirney (actio personalis moritur cum 'persona).. 103

Wood v. Leadbitter (licences are revocable at will) 104

Pybus v. Gibb (discharge of surety by variance of terms

of contract) ••• 10.5

Dixon v. Clarke (legal tender) 106

Nugent v. Smith (discharge of contract by act of God") 106

Blower v. G. W. B. Co. (discharge of contract by act of

God and inherent defects in goods carried) 107



X TABLE OF CONTENTS.

PAGE

Gibbs v. Guild (Statute of Limitations; 108

Cutter v. Powell (quantum meruit) 109

Sumpter v. Hedges (quantum meruit) 110

Ritchie v. Atkinson (quantum meruit) Ill

Behn V. Burness (broach of condition is ground for rescis-
sion or damages; Ill

Hochster v. L)e la Tour (renunciation of contract before

date of performance) 112

Le Blanche v. L. & N. W. R. (Jo. (right to fulfil contract

on breach by other party; 113

Smith v. Marrable (warranty on letting a furnished house) 114
Hopkins v. Tanqueray (warranty must be made during ne-
gotiations for sale) 114

Readhead v. Midland Railway Co. (railway companies are

not insurers of passengers) 115

G. W. R. Co. v. Bunch (railway companies are insurers of

baggage; 110

Welch v. L. & N. W. R. Co. (railway companies are not

liable for baggage handed to a porter for safe custody; 117
Jones v. Just (goods sold by description must be merchant-
able) 118

Scaramanga v. Stamp (deviation of ship is justifiable to

save life, but not to salve) 119

Hadley v. Baxendale (measure of damages for breach of

contract) 120

Public Works Commissioner v. Hills (liquidated damages

or penalty; 121

Law v. Local Board of Redditch (liquidated damages or

penalty) 122

Budgett v. Binnington (impossibility of performance) 123

Taylor v. Caldwell (impossibility of performance) 124

Baily v. De Crespigny (impossibility of performance by

operation of law) 12G

Robinson v. Davison (death or illness discharges contracts

depending on personal skill) 127

8 1 feet, v. Bank of England (a material alteration of a

written instrument avoids it) 128

Heather v. Webb (discharge of bankrupt releases all debts) 129
Debenham v. Mellon (husband's liability fur debts of wife) 129
Wilson v. Glossop (husband's liability where separated

from wife) 131

Ludgater v. Love (innocent misrepresentation of agent

induced by fraud of principal; 131



TABLE OF CONTENTS. XI



Pick erini.; v. Busk (principal is liable for acts done within

apparent authority of agent) 132

The " Pontida " (authority of master of ship to pledge

credit of owner) 1.33

Kelner v. Baxter (contract on behalf of non-existent prin-
cipal) 134

Morison v. Thompson (agent must not make secret profits).. 134
Rothschild v. Brookman (agent to buy or sell must not

sell to or buy from himself) 135

Bell v. Balls (auctioneer is agent of buyer and seller to

sign memorandum at sale) 136

Die Elbinger, &c. v. Claye (agent for foreign principal is

personally liable) 138

Collen v. Wright (agent's liability on implied warranty

of authority) 138

Davenport v. Thompson (liability of undisclosed principal) 139
Bawden v. London, Edinburgh and Glasgow Assurance

Co., Ltd. (agent's knowledge is knowledge of principal) 140
Smout v. Ilbery (death of principal determines agency) ... 141
Cox v. Midland Counties Railway Co. (particular agent

may not act beyond the scope of his apparent authority) 142
In re Carmichael (an authority coupled with an interest is

irrevocable ) 143



XU TABLE OF CONTENTS.



TOUTS.

TAGE

Ashby v. White (injuria sine damno) 144

( 11 asemore r. Richards (damnum sine injuria) 144

Ballard v. Tomlinson (landowner's right tu underground

Wdter) 14.3

River Weak Commi.ssio.neks c. Adamson ^torts only arise

from voluntary act or negligence of tortfeasor) 146

Rylands v. Feetcher (liability for bringing- dangerous

things on to one's premises) 147

Baker v. Snell (domestic animals which become dangerous; 148
.Nichols v. Marsland (escape of dangerous thing by act

of God) 149

Scott v. Shepherd (tortfeasor liable for natural and pro-
bable result of wrongful act; 1 4'J

Mayor or Bradford v. Pickles (motive of tort) 1-30

Sharp v. Powell (damage caused by tort must nut lie too

remote; 1-31

Gorris v. Scott (oTnission of statutory duty causing

damage) 151

Langridge v. Levy (privity of contract not necessary in

action for tort) 1-32

Le Lievre r. Gould (untrue statement which causes

damage) loo

Machado v. Pontes (toris committed abroad) 154

Hatchard v. Me'ge (actio personalis moritur cunt •persona). 155
Walker v. Great Northern Railway Co. of Ireland (in-
juries to infant en ventre sa mere) 156