The Sun.
London, England, 1841-05-04 00:00:00

IMPORTANT TO BROKE RS, LAND-

LORDS, AND TENANTS

RECEN T DECISION IN THE EXCHEQUER COURT,
BEFORE MR. BARON GURNEY.
SMITH V. LIVERMORE.
The action was brought by Mr. Smith, an independent gen-
tlemen, to recover from the defendant, a broker living at Chel-
sea, a sum of money, which the plaintiff alleged had baen un-
justly subtracted from the produce of a sale which defendant
had effected under the authority of a levy for rent. It appears
that the defendant had been employed to execute a levy fur
an arrear of rent, amounting to 1461. After taking possession
of the goods of the tenant, consisting mainly of flowers, roots,
shrubs, and other matters belonging to a nursery garden, with
the addition of a horse, the defendant. caused a valuation to be
made of the whole property, which amounted to 681. The
articles, however, at the sale only produced 381., out of which
sum the defendant deducted 221. odd for expenses, thus
leaving a balance due to the landlord of 161. Against some of
the charges the plaintiff demurred, and brought the ac-
tion with the view of compelling tita defendant to establish
his right to make them. Amongst other items ob-
jected to was one under the head of commission on
the amount of the levy. '1 hat item was 61. 2s. In
reference to this charge the witnesses, Mr. Greaves and
Mr. Ceely, who were called for the plaintiff, stated that it.
was one which was not recognised by the trade, and that there
was no custom or rule among the respectable portion thereof
which sanctioned a demand of the kind uneer such circum-
stances. Several brokzrs, en the other hand, who gave testi-
mony in support of the defendant's case, sae% that. the custom,
with them, was to charge five per cent. on the first 1001 and
two and a half per cent. on the second 1001., this commis-
sion being chargeable on the amount for which the levy was
executed, even though the sale of all the property might not
realise anything like that sum.
Mr. Baron GURNEY, in leaving the case to the .Jury, sa'd
that actions of this sort had generally come into a Court of Law
at the insttnee of the tenant, but here it appeared to emanate
,with the landlord. The question was one of the greatest im-
portance to the ,public, but most especially so to that class of
persons whom it more particularly affected. It was impossible
for the Jury to give too attentive a consideration to the point
which had started up in the course-of the trial. Here was a
levy executed on arrears of rent amounting to 1461. The broker
hid then set to work to value the property, and that value he
had put down at 681. Next had come the sale, and there the
very articles which that person had estimated at 66/. had
brought but 381. ; and ultimately the broker had sent in a bill
of expenses consequent on the levy, to the enormous extent of
221., therel“ leaving to the landlord, whose claim had been i=161.,
the very small sum of 161. It really was abominable to
see the way in which a' broker would run up the
costs, and this.charge for commission appeared to him to be
based on the, most monstrous principle. It had been proved by
, the respectable witnesses for the plaintiff, that a fair and rea-
Sellable' charge for merely making the levy was usually consi-
dered to be one or two guineas, dep7ndent of course on the
peculiar nature of the trouble such levy induced on the party.
He must, say that he thought such a method of charge honest
and reasonable, whilst the plan of charging a commission, and
that, too, not on the amount realized by the sale, but on the full
amount of the arrears, he could not but regard as beinghighly
dangerous, and one that ought on no account to be admitted or
sanctioned by that or any other Court.. If they entertained
similar views in reference to that question, the Jury would
find for the plaintiff 101. ss.
The Jury, after a short consultation, returned with a verdict
I for the plaintiff-101. ss. damages.

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L. S BREWER.
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