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Notes of Cases in the Ecclesiastical & Maritime Courts Volume N . 4

Notes of Cases in the Ecclesiastical & Maritime Courts Volume N . 4


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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. 1846 Excerpt: ...that such a person was very unfit to he intrusted with the charge of money, or the care and management of any matter of business requiring integrity of conduct; that the owners were very desirous of having the said brig sent home to England, and cautioned Messrs. Dunlop and Co. to see that the freight of the brig was properly applied for the benefit of the brig, or remitted to her owners; that Messrs. Dunlop and Co. concurred in such observations, and stated that they had intended, on the brig's return, to charter her for another voyage, but that Malcolm's conduct had been so bad that they would have nothing more to do with her, otherwise than persuading him to return to England. I will assume the fact to be exactly as stated, though I think it cannot be so, --could Dunlop, on such a warning, have legally withheld the money from Malcolm, then in command? Mr. Turcan had no authority whatever from the owners; it was simply a correspondence between himself and his brother. Here another question arises; with whom was the contract which Dunlop had entered into? JiK. 13. Why with Captain Malcolm. The only existing contract jjet was between Dunlop and Malcolm. Who was Malcolm? Both by his instructions and by his office of master, employed in such a course of navigation, he was empowered to let his ship on freight. Can any body doubt that an action would lie in any Court at Sydney at the suit of Malcolm against Dunlop for the freight due? What would be the defence? What could Dunlop plead? Not that it was not due; not that he had paid it, but that he had been told by a brother of one of the owners to withhold it, there being no evidence whatever that Mr. Turcan had any authority from the owners for that purpose. I cannot conceive that such a defence, even if capable..


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Product Details
  • ISBN-13: 9781232214427
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 272
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1232214426
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 490 gr


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