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The Revised Reports (Volume 35); 1785-1866

The Revised Reports (Volume 35); 1785-1866


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898. Excerpt: ... NEW YORK) VOL. XXXV. IN THE HOUSE OF LORDS. Ireland. JOHN LYSAGHT And Another V. THOMAS WALKER wsi. Mar. 4. aND OTHEES. (5 Bligh (N. S.) 1-30; S. C. 2 Dow & Clark, 211.) Tehtkrden. W. & Co. being about to engage P. C. as a clerk, a letter was addressed 1 to them by L. & D. containing the following expressions: "Entertaining the highest opinion of P. C.'s integrity, &c. we hold ourselves responsible to you in the sum of 5007. sterling, for his discharging faithfully and honestly any duty assigned to, or trust reposed in him, and we are ready to execute bonds to that effect, and for that or any larger sum whenever you require it." After the receipt of this letter, P. C. entered into the service of W. & Co., and was employed by them as clerk at their brewery at B. until 1821, when he was removed to another brewery of W. & Co. at L. Upon his removal he sent in a statement of his receipts and disbursements at B., upon which he made himself debtor to the amount of 379/. His payments made to W. & Co. after his removal to L., exceeded the balance left due upon the account at B. But his debit to them on account of monies received at L. also exceeded that amount. He died indebted to W. & Co. for monies received on their account. W. & Co. brought their action against L. and D. upon the letter of 2 guarantee above stated. Upon a bill of exceptions tendered at the trial of issues in the action: Held--1. That an account delivered by a principal charging himself is evidence against his surety. 2. That the letter of guarantee, by necessary inference, expressed a consideration, viz. the employment of P. C. 3. That where an account is delivered by an agent, r.E.--VOL. XXXV. 1 Lysaght in which he charges himself with a balance, and he continues to receive - monies ...


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Product Details
  • ISBN-13: 9781151239501
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 324
  • Spine Width: 17 mm
  • Width: 189 mm
  • ISBN-10: 115123950X
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 581 gr


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