The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-16 00:00:00

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LAW^NU97CES.

COURT OF lIIINCVB BENCH.
sa plop 111 dre King's Bench till Saturday, the 19th inst.
COVAT OF COMMON PLEAS.

t A,,Es, SKCONOSITTINOS IN MICHAELMAS
*l9°l" TtEKM. THIS TAT, AT O'CLOCK.
Thrones v. Manion I Jones y. Oardyno

SECOND atTTINOS IN I
'o4lollloir, at I o'CLO
Wragg and anothe v.
Smith

COURT OF EXCHEQU
CAUSES TAM; DAY.
1 Atkinvon v. Hutton
lielden v. Meynell
Evans Y. Williams
Bamford v. Archer
' Bussingbans v. Boar
'Curt Nits at ten o'clock.
Cole, v. Coley—l:sceptics

lICHAELMRII TERM,
'E.
Tomlinson v. Hen.
sell and another

ER.

Hamilton v, Earl or
Strathmore, on Se.

quextrAtion—
qibson v. Butler

Wide v ijj)i;) on

W INTE I.LIG ENCE.

CHANCRRY, Tolestsav, Nov. 11.
r DT. PratteOtt o. unman' AND oTtittle.
ieceeton immediately on entertog the Court
judgment in this important cape ; and us we
I to his lawdehia's observation's on the various II
a presented to the court by the correspondence,
affidsvit. of the several persons concerned in the
-else of his Lordship's atatetnent on Saturday last,
, more craned report of them.
'began by reading the bill anti answers. In the bill
• at geo (Mu in the year 1892 a lease of the estate in question,
- . auctoove property, situate at 111311,011. was grollted by
STW,.})re ilheanwoin, et HaU, near Relkvicay,
I, Mr. Rhodes (whose forefathers had previons to
an
*BUYS gem wants of the property). for a term of twenty-five
riboome contained the usual covenants of an *grit:W-
/80iis" big Ibex was also{ covenant which gave Mr. Beauvoir
Nod
mow such parts et the land as he might wish tor the
161086.12 I became important in his Lordship's
mapped kind* 11Pon.
. .
ran et the case le put a tuella& conatrucuon on that part ot this
Lardalop found it stated not indeed in the pleadings.
bads . pew woieh had been handed to him, that in the month of
Lhwwtwr, a notice was given by some penman interested in
tea grgeet's Canal to the owners of the land lying in the neigh.
trechutst of the canal, that if they would not build wharfs, warr-
Mater, en. on the banks of the canal, it was the intention of the
f toile so. Thee notice Ira* given previously to the presto t
Ham leave. which had been granted upon the surrender of the
teen ace, whose lour would not have expired till the year 1827.
it smote therefore oaten*" to k ow whether the notice had been
in fotrommunicated to Mr. Beauvoir before he executed the re-
mora inse. lb. Lordship did not find any charge in the bill or
at 'driven in either of the answer. that such wan the fact. lie
'motioned this because when he came to look at the affidavits,
gaidi wit before the Vice. Chancellor, that, in his judgment (in-
Mpreatnt of the particular circumstances that the affidavita filed
is bract of Mr. Rhodes were prepared with a great deal more
and= those filed on the part of the plaintiff ), must have hod
offside:4le influence in the decision to which the l'ice•Chancellor
bail ante But his Lordship observed that he could not lay so
ugh stem on either cf the affidavits, width spoke of the estimated
nasei the property, because in his judgment there were eiteum-
sacs known to the parties, and which had not been coo-mord-
ent(' to the surveyors by whom those affidavit. were made. For
notasse, the ore of the notice which had thus been given by the
Itriesit Cam] Company ; and the value therefore of the estate
mein to hoe been estimated with reference to this circumstance.
Tha lot Ina, granted in OW, having continued until 1818, a
Dadsep (.reject was then set afloat. and a proposition was made for
knit' the term of Mr. Rhodes in the old lease surrendered, and a
wham granted tinter other conditions. This made the come-
upwatret which had been put in to be very material. It consisted
of *tan on all sides, and appeared to be essential proof in the
ape. Before his Lordship proceeded to read them, he begged to
ikon that this ease was thp first he recollected to have occurred
when it the course of his experience where it became the absolute
and boonden duty of the Court to decide what was the duty of a
etklasa, whe chose to place himself in the relation lira confiden-
:Mori batik of the buyer and the seller; and his Lordship
it might he laid down as a getters' proposition, that a person
*lfs plated himself in both those characters had some very import-
ant duties to perform. One of those duties was, that lie should
gitn Reny information in his power to each of those to whom he
rho' became the ontelential agent. The Vice-Chancellor seemed
to bare (faulted whether Mr. Beauvoir knew that Mr. Tebbutt was
flit confidential seem of Mr. Rhodos; but his Lordtship contented
be ti quire satisfied that that gentleman did know the fact ; but
Iva not, however, follow from thence that the duty of agent for
bah tenets was properly executed towards Ale. Beauvoir, and one
nitetatqvcstim to this case Mut, whether it was to merman' or
hot Bit filet letter was dated 31st March 1613. and was linden
by Mr. Rhodes to Mr. Beauvoir, in which lie expressed his desire
Wave the lease renewed on several account.; one of which was the
enseute iniprovements he hod made on the estate; and he con.
cloth' by saying, that if Mr. Beauvoir had no partiality to the
note. he thought he could find friends to enable him to purchase
tie freetuld, upon which Mr. Beauvoir was to put his own value-
nos. ro this letter Mr. Beauvoir sent an 11:JOSICT en the 6th of April,
Ir. vh:rh he raid he could not then enter into the contents of Mr.
finks', letter, but he certainly should not sell the estate. He
*mid. however. desire 31r. Ashlrin le to surrey the property, and
gold ;rant a renewed lease from Michaelmas 1819 on such teens
mem eattitable between landlord And tenant. He expressed his
'wpm that lie bad not heard from Mr. A dibittle as to the Regent's
teal. This letter prodneed an answer from Mr. Illitalts on the 9th
if AptiL its which he expressed his thanks to 3lr. Beauvoir for that
etc amen having met his wishes as to the fmewal of the lease,
ulna toms which were perteetly satisfactory. With regard to the
Regret's Venal, he stated that be was sending bricks to the ('om.
Say fee the building of the tunnel that would soon be completed I
and tint any particulate 3lr. Beauvoir might in future wish to know
manning the Canal passing over his estate, he ( 3lr. Rhodes) should
be happy ie sire. The Vice-Chancellor scented to have considered
atarivril his Lonlship) all the letters except the first as Immaterial ;
but that was not his Lordship's opinion, because he found in this
very lota the passage he hail last read, viz. " any information as
to the fieeent's Canal parting over your estate, 1 shall be happy to
Ott." There are, the question seemed to be, 33 to what the patties
et did not know, at the time the subsequent letters were
prime. On the 4th of November 1818. a letter was written by
Mr. brides to Mr. Tebbutt. senior, In which he stated that the old
hat was toe 23 Fran. at 4.151. rent, and would expire in lei and
eit Ile OM eesirous for Mr. Tehhsttt to take instroctlons for pre-
Poring the new lett.e. and that it was only for 31r. Beauvoir to ray
what rent skatild be said, and what should be thr teem, whether 26
et 31 yearn. His leethritip here observed, that with regard to the
rams menthead in this letter, it amid not be very well applied
Ist building I. nit.. The letter proceeded to state, dust she writer (Mr.
M.; bath 41" vi elermed 31r. B. boo bad the buildings Wert.3nd that
"'fed ^ostldt, blifalt in repair* and Mt provementa ; so that if he would
great bin a lento% he hoped it would be upon such terms as would he
Unmet-ell to him (Mr. II). this Lordship thought it was exceed-
ingly clear that Mr. Beauvoir did mean to grant 61r. Rhiales a
benefleid lane, bat whether such a lease Id had been granted was
smother question. On the 17th of November Mr. Rhodes wrote a
tote to Mr. Teltbutt, requesting to be informed what they Mr. Ash-
bade proposed to value the farm. On the tame day Mr. Ashbittle
Renate a letter to lle. Beauvoir, and it woukl be material to state
were the terms which that gentlionen advised l'h°tlbi be pro.
f-esol en the renewal of the lease. The letter stated that ale. Telt-
itot having *utforned him (31r.Ashbittle) that it was Mr. Beeuroir's
web whine the licenses torus surveyed, he begged to iue(onu Mr.
i
tauvor flirt it had been done, but in making his report he should
feel he did net tin his duty if he did not advise Mr. Beauvoir not to
rset any mho, kw* (that was, presuming he had not already pro.
it until the old lease had expired, so the (anti area worth
morethin was at present given. No doubt he (Mr.
linaureir) stilled to give Mr. Rhodes the preference, being at old
t'Ont, but he (31r. Ashbittle) saw no reason that, because Mr.
Ontilts and his father had bed the form for half Its value. and boil
!, )%at I hoppsepsety out of it that be should cuoinue to do so.
At toy rate its thought Mr. Beauvoir should not grant a new lease
14 non than twelve years. PO as to "nabs two lemon of twenty-one
lei?* nth. It was not Customary, so near London, to grant longer
"T frills. Ile entnidered the estate worth 10001. per *ritual.
5" 'Qr. if iant. per pinata was to be given for the remaining five
Zeus• tine would be a lass of 2.00. per ant um. So far, said his
Imettie• this letter of Mr. Aslibittle's spoke of the farm sail* it
boa to be let for agricultural purposes in another part of
totes 3lr. Ashbill le observed, that a clause should be inserted
','', tile lease to give Air. Beauvoir the power to build, or to require
a"' Rholta to build on fr rupart
s of the estate, brig in front
t'ff Urgent's Canal, and Inuit pound in Katostan.l read, 31e.
4111,5ittle thooght that he could let the lard tar 40001. per annum
-•ian • bin:dine lease. therefore it must be understood that it wet
•
...st platinum'. opinion at the time he wro,elthis Iw er, that 4,0t451.
r sat.unt zni;tht be made somehow or the other, ei bee by the
"sedated or the anent, out of this estate, aril On idea was mention-
''t is sole (lithe papers ww having been raised to 10.1k10/. per art-
▪ His lordship would contrast by and by 31r. Aaltbittle's
thevalneof the estate, when be contemplated making hint-
.at 5. and when he thought some other person was to become
• r• letter was one which his Lonlabip thought himself
as 3 Judge to eonsid.r ea giving Mr. Damson every their-
ris'n•a at the nine he granted the kale in question, sa to the real
t"t Property, and which (unless his Lordship was cli‘nosed
think Mr. Ilesuvoir had lost his memory entirely) was fully un-
"7l;eoil and kt.oen by him at the nerMent of his amending the
ctsed Ili, Lottlilsift thought Mr.r. A.libittle acted very
;noway in not latorming Mr. Tebbutt of the contents of thia 1et-
.77.11S wnn Mr. Rhodes's attorney; and such a communication
true plveril that gentleman in a very awkwartl situation. for
'a"1:5"1": multi feel otherwise than awkward when he was obliged to
„. :le t% A leaned B. end B against A ; and therefore this caution
.kvhbittJe's kept Mr. Tehbutt nut of' that unpleasant situa-
.'ln.;tl.• O3 the I Ith Dtcember 1818, r. Benumb. wrote to Mr.
mit in this efheci_" 1 perestiawit Mr. litmales to let him the
fries safcbaeinta., 1819, on caneelling the present lease, no
tern'" as should be fair between landlord and tenant. therefore
least stand to that. If he will give MN. a-year he Stiouli. Lave

my eoesent. I have no objection to let part of it on building leaks.
n hen I saw Mr. Tebbutt he told me that Mr. Rhodes wished me
to fix the rent myself, which I did not at all like. because I think I
it had a very had appearance." Probably, said his Lordship, be-
CAW! Mr. B. thought Mr. Rhodes (lieir.g the tenant) wan a bet-
ter judge of what to propose for the estate than he was what
to exact. In consequence of this kola., Mr. Ashbittle wmte to ,
Mr. Rhodes, saying he was authorised by Alr. Beauvoir to
offer him the estate for a term of twee ty-tive years, at 760!.
rent, the ground from the Kingeland turnpike road not ex-
ceeding 200 feet deep, as also the land on the be,,k of the intended
canal to be given up for building. It scented, therefore, that Mr.
Ashbittle considered 111 r. Beauvoir's letter to authorise him to pro-
pose to Mr. Rhodes what his Lordship still considered to be an
agricultural lease, with the exception of that part of the land in
Kingeland.road and near the canal, on which were to be built
wharfs, &e. on six months' notice being riven. Ott the 11th Ja.
nuary. 1819, 31r. Ashbittle wrote to Mr. Tebbutt for the counter.
part of the lease to show to the umpire appointed to fix the value
of the land on the brinks of the canal ; because, said 111 r. Ashbittle,
the value in a great measure depended upon the terms of die lease.
How Mr. Ashbittle got this information as to the contents of the
leak his Lordship could not tell. There was one part of Mr.
Aehbittle's letter to Mr. Rhodes in which lie took upon himself to
inform that gentleman that there was a clause in the lease to enable
bin to take away part of the land at six months notice for building.
This letter appeared therefore to be prima facie evidence, both as
to what 11r. Ashbittle thought was the value of the premises to be
let on a building leek, as well as that Mr. Beauvoir knew the vs.
lue, and that he had given by this lease a power for building un-
der the (little in question. His Lordship did not mean to say,
that because the leak was granted in 1819, Mr. Beauvoir must,
theretiwe, be aware of all this in 15211; bat he did say that when
the plaintiff came into Court for an injunction, the party against
whom that injunction was prayed was at liberty, in his answer, to
show that that knowledge which Mr. Beauvoir had at one time was
what he possessed at the time he granted the lease. On the 30th
November, 1320, Mr. Ashbittle wrote to Mr. Beauvoir that
Tebbutt, junior, was desirous to rent part or the whole of
his land at Hoxton, as he thought it would bring him bu-
siness in Ids profession, by making underleaem and other-
wise, and that Mr. Tebbutt had appointed him (Mr. A.) his
surveyor. Having eight young children, he felt it his duty lode)
all in his power to provide for them. and hoped 31r. B. would ac-
cede to the proposal. On the Bth of December, 11120, 31r. Beauvoir
sniveled this letter, sayiiig he had tveltafeetetais tevereede to the
terms proposed. This letter therefore showed that these parties
were to become related as landlord and tenant, but the terms al-
luded to did not appear by the letter. It would come hi a more
proper place in this statement to mark what were the terms upon
which Mr. Tebbatt, jun. and Mr. Ashhittle meant to become ten.
ants of these premise.. On the II th December, 1820, Mr. Teb-
butt wrote to Mr. Rhodes. and informed him, that on Saturday
next be should send to Mr. Beauvoir a lease of some premises in the
Haymarkee and if he would infieren him (Mr. Tebbutt) of the pro.
posals he (31r.Rhodes) wished to make for the premises at Hoxton,
they should be communicated to '3lr. Beauvoir at the same time
that the other business was traredctirg. His Lordship was not dis-
puted to make any severe comment on this letter, and said it ap-
peered to be an outrage to all fair Construction to say, that because
Alr. Tebbutt km to Mr. Rhoden for hie terms, he therefore meant
to favour that gentleman as tin attorney. Ile quite agreed with the.
obeereation that it was the duty of the Court to look very astutely
and enviously indeed at what agents were doing for their princi-
pals ; but it did not follow that every thing was wrong that they
did. It did not call in question the bottom of the persen who wrote
the letter; nor did the letter appear to his Lordship to be of much
importance. Bot the rest, which was wriuen by that gentleman
to Mr. Rhodes, dated the 16th December, 1820, gave rise to some
very imeortant observations. The letter stated that it would be
more satisfactory to Mr. Tebbutt, and more proper, if Mr. Rhode,
would have the goodness to state his intended proposals to Mr.
Beauvoir in writing, and send them to him (sfr. Tehhutt) sealed
up and directed, with any letter or observations thereon, and he
would endeavour, if Mr. Rhodes increased his offer io a small de-
gree. to get Mr. Beauvoir to make It a building lease, as well as
foe a farm. This advice, it would be seen. was not followed. It
was true that the increase in the rent was made in a small degree,
but it was equally true that it was not made conformably to what
this letter recommended. The letter proceeded to say, that it was
also proper that Mr. Rhodes should state bow far Mr. Tebbutt was
to treat with Mr. Beauvoir, if it should be necessary to go beyond
the sum that should be proposed in Mr. R.'s letter to that gentle-
man. His Lordship staid he should be sorry to be considered ca-
pable of doing in his last days what he had ever endearoured to
avoid ; he meant that of observing harshly on what any man might
have been unfortunate enough to have done; because be knew that
the best of men sometimes fell into mistakes. lint he must say,
rhat if Mr. Tebbutt was the confidential agent and sol,eitar of 31r.
Beauvoir, and if he thought more rent ought to have been offered
for the lard ; and if also he thought that Mr. Rhodes would oner
more, then, whether Mr. Tebbutt found it necessary to inform 51r.
Beauvoir of that circumstance or not, with a view to obtain the
lease, still, in his Lordship's judgment. he oug it to have informed
Mr. Beauvoir of it—that was to say, if Mr. Rhodes had said, " I
will give a thousand pounds for the lease; but get it if you can for
9001." Ilia Lordship was bound to say, that every solicitor of this
Court ought to have advised Mr. Rhodes thus:—lf you choose
to employ me as your confidential agent, still I cannot make any
thing that reveille the interests of 51r. Beauvoir confidential mat.
ter between tit, because that gentleman also employs me as his con.
fidential agent, and thereforelt Is ebiolutely necessary that TstioukT
inform hint what it in he can obtain for his estate." The thing
was the more remarkable, because his Lordship could not find how
it happened. after this correspondence, that tie terms of the lease
were such as they were with respect to the rent. Ile could hind
no proposition on the part of Mr. Rhodes that those were to be the
rent.. What was it that led to the agreement which Mt. Tebbutt
made on 51r. Rhodes's behalf, to be drawn up In the terms it was r
He couldfind no such instructions from Mr. Rhodes ; if there were
not any, it was incumbent on Mr. Tebbutt to show that there was
nothing more reserved in the lease than what 31r. Rhodes con-
sented to give at Abe time this agreement was entered Into. IBhettttr
the rents festered were proposed by Tebbatt to Rhode', Of Rhodes
to Tebbutt, car Tebbutt to Beauvoir, it did not appear. His Lord-
ship would have occasion by and by to consider how much
of the answer* lie was bound to read in explanation of the awe-
spontlence.' He did not think there was a single imputation
t.in that was sot in some way or the other explained in the
answers upon oath. It appeared In the answers', over and over
again, that 31r. Beauvoir had refused to let one person the land,
for the purposes of building, who had offered him 1,8001. a year for
it. On the 19th of December 1820, Mr. Ritodes wrote td Mr.
Tebbutt (in consequence of Mr. 'l'. having written to him on the
16th), requesting .11r. T. to see Mr. Beauvoir respecting the
new lease. 0:1 the 27th Mr. Tebbutt wrote to Mr. Beauvoir, in,
forming hlm of Mr. Rhodes's desire to take a new lease, and stating
that, although lie did not think Mr. R. had offered enough rent, yet,
as he stated he would give as much seamy other person for the pro.
peel, he (Mr. T.) hoped Mr. Beauvoir would grant him the lease
tequired. This letter was written, it. should be remembered, after
the notice hail been given by the Regent's Canal Company of their
intention to build. if Mr. Beauvoir did not. The latter passage in
the letter might have led to the alteration in the terms of the lease,
bat that did notappear. His Lordship then adverted to the agree-
ment fur the Wee, which was dated 13tb January, 1821. It was
contained in instructions from Alr. Beaoveir to 3lr. Tebbutt, to
we're a new lease to Mr. Rhodes of the farm of Hoxton, on the
following conditions, viz.—To surrender the then existing /ease,
to take a new one for 09 years. ate rent of 500/. for the fleet year,
mid to increase 1001. yearly till the rent should amount to L3OOl.
and then to hold the remainder of the term at that rent. These
terms were quite different from any that were proposed, and
whether they were accepted by Mr. Beauvoir, with the knowledge
of 31r. Ithodeit's proposals or not, was a question not yet cleared
up. Mr. Rhodes, on the 15th January, 1821, consented to teke a
lease upon the terms above mentioned. In this agreement there
was a condition v high gave Mr. Tebbutt the right to make all
under lessee at Mr. Rhodes's expense, but which were all to be
forfeited if made without 31r: Beauvoir's consent. His Lordship'
observed, that this wan a strange clause, making the under lease
I forfeited ; though lie wits aware it was quite usual to stipulate
I that the attorney of the landlord should draw the leseee and assign-
meats. His Lordship would have occasion to relwe presently
the correspondence that passed between 31r. BffLOVOif and
, his sister, about this period, as to the state of that gentle-
. man's health. The leak, as finally drawn, contained a de-
mise of the premises upon the terms just mentioned, and alien the
usual covenants for esyrnent of rent, &c. ; but there was no Co-
venant whatever as to butVing, except as to leaving the premises
in good repair. There was no obligation to build. nor was there
one word said about the professional hiptinete of .11 r. Tebbutt, or
that the untletleases were to be prepared by that gentleman. Mr.
Benuvuir therefore, or those who come after him, as owner of the
rotate, would have no means whatever of peering that the leases
were to be so prepared, unless there was some col lateral instrument
placed in their hands. But it appeared that a bond was executed,
but of the contents or existence of which his Lordship could not
find that any communication was ever ne de to Mr. Beauvoir.
This bond was from Mr. Rhodes to three gentlemen of the name
of Tebbutt, who were solicitors. It reeked the lease, and that
previously to granting it, slr. lienuvoir hied agreed to grant a lease
• of the same premises to Mr. Tebbutt the elder, and Mr. Tebbutt,
the younger ; the condition of the bald was, that upon Tebbutt's
giving up this agreement (which agreement, however, be never had
had: though it was but justice to ely, that in the answer it was
t sworn this was put into the condition of the bond by the mfrs-
. siunal advice or a gentleman who thought It was necessary to
have some consideration meotioned to make the bird available)
he I Tebbutti was to prepare all under-leaks at Illinclet's expense.
but the winds in the agreement for making those under-leases vqid,
if granted without the consent of Mr. Beauveir, were struck oat of
the bend, and this circumstance wax very remarkable, and made it
t very doubtful whether anything with respect to this bond had ever
been communicated to that gentleman. Ilis Lordship then
std-
. vetted to the correpoodence which referred to the state of Mr.
Ikauvoir's health about this time. Mr. Tebbutt. after hie return
I lrom Mr. Ikauvoiett, after the agreement was signed, wrote to
. .Me. Renew (the present plaintiff), Informing him that 3lr.
t Beauvoir wr.s so if that he did not think he would live
long, and soliciting to be continued as the professional agent
of the peppily. This letter was produced to show that Mr. B.
I was in such a state of weakness at the time that he did not
r know what he was doing. The observation OM fair ; but in order
1 to give full weight to it, It was necessary to see what passed stin-
t wards with that gentlemen as to this transaction, because when it
. was in:pitted to Mr. Tebbint that be knew of Mr. B.'s incompe.
. termy to judge of his sedges, it breams necessary toexatnine that
t charge by attending to the subsequent transactions and conduct of
the party to see whether he did tlfWiCndlinni what he was doing. His
lawdship then read other letters written other that date, in which
t 'Mr. Beauvolr'e health was. spoken of as having imprOved. His

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