The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-04-12 00:00:00

A a few minutes aft

r WM% ma pct.,. - --
intention to leave town in the even)
would take 'all the
until five o'clock in the evening

,s which mi

ght be I term
take

OF A CHARTER PARTY-BROKERS

.lion broug

om the del
counsel fo

of the sum of X 67

defendant.
3. by Mr. NOGGINS for the plaintiff

ker, and the defendant a ship-'
month of April, 1841, a ship
Stormont, came to
plaintiff then put himself

alled t

1 Captain Ibchester, the owner of the
person named Smith, the
its principal, to take a cargo
. per ton, and 20s. per ton
rest on the same terms as
meward voyage to be at the
The captain, however, said
pon *

matter in the ab-
1. A charter party was afterwards drawn
n received, and said he would commu-
cipal. Soon after this a meeting of the

ti terms of the charter-party discus-
owe said he had not made up his
Tlontreal or take the voyage
, afterwards understood by the plaintiff
had accepted the terms of the charter-
ing was considered perfect, Weaver having
hat was necessary on his part. The defen-
without making any further communication,
to Belize, and on returning, the defendant
ley for the cargo, but refuses to pay Weaver
his comission, and the present action was
ecoverv. Mr. Hoggins then called the fol-

clerk to Mr. Weaver in April,
communication with the captain of the Stor-
_g to freight his vessel at the rate of £3 17s. 6d.
vered to the captain a charter-party, and saw
'ter at his house,

with.-W

ad bad

d asked him if he had got any
s owner about the charter-party ; and he said
tsv him afterwards on 'Change, and some con-
place between the plaintiff and defendant.
Russell what be thought of the Honduras
he thought it the best he could
ree or four days. He said that
namunicate with any other party without see-
Had Carmichael's authority for proposing
Ind stated that the commission was five

DUNDAS.—Was clerk to Mr.
months, and had latterly been doing busi-
Had been with a person named
.n discharged. Weaver had never before
.e Stormont. Applied to Capt. Ibchester,
ar the first time, in March. Told the cap-
ye £lO for himself if he would accept the
Believes Honduras to be an island in the
Defendant said, if he thought of taking that
Id call on Mr. Weaver. Saw Mr. Carmichael,
1 to accept the charter-party.
, on the part of the defendant, contended that
had not been conducted in a business-like
ollt the jury would see that the verdict
the defendant, as it would have the effect of
adventurous spirit manifested by the plaintiff,
out the whole transaction, had not acted with

1 account

tie thot

, •
tion.WY He called several witnesses to show that
the contract had not been entered into by the

Ns addressed the jury on the part of the plain-
he principal question was whether or not Rus-
up his mind when on 'Change with the plaintiff.
atr went carefully over the evidence, and no-
rly those parts of it which lye considered wor-
ntion of the jury.
. . .

les consideration, the jury returned a

fendant

ler case re

ly, his lordship adjourned the

ISI PRIUS COURT.—FRIDAY
(Before Mr. Baron ROLFE.)

NiTANT TO BUILDING SOCIETIES

AND OTHERS V. CURRY AND ANOTHER.
's in this case were trustees for the Crown
tv, in this town ; and the defendants, P. F.

Statham, were solicitors.
es and Mr. Crompton were counsel for the
. Wortley, Mr. Cowling, and Mr. Watson were

d the case. He said, it would be his
a case unquestionably of considerable
.. important to the gentlemen who had a
coney at stake, and to the defendants, who, in,
it interest in the case, were otherwise con-
:essarily imputed to them want of professional
on, although no gentleman could impute to
professional skill. The plaintiffs were the
Crown Savings' Fund and Building Society,
was brought by the plaintiffs, as trustees, to
Lsation in damages for the loss that society had
gh the negligence of the defendants in a trans-
h they were retained by the society. The
ished under the act of parliament which
s kind. Jt was a sort of savings'
als who wished for a place of safe
and it bad also a further object, that

s of tl

tubers loans of money from time to
society accumulated. He was not
would turn on the rules. The funds of
led into shares of a certain amount, and-
-5e for any amount of shares, or for
ares from time to time were suld
ighest bidder, he paying interest
. At the origin of the
. member of the name of Charles Lowe (a
d become familiar to the jury) in the society.
anal shareholder to a considerable extent ; an
An of high respectability at the time he spoke of,
:ared to all the world. He was a member of the
Liverpool, a firm which must be well known to
he firm of Radcliffe, Duncan, and Lowe, and pro-
`- "-e circumstance of Mr. Lowe being
firm that Messrs. Radcliffe, Duncan, and
ed as attorneys for the society. In the year
em Mr. Lowe embarked in some building
He purchased land from Mr. Gladstone, at
began to erect buildings thereon, and it was
carrying that purpose into effect that he was
ive a loan of money from the society. It hap-
time that the society had considerable funds in
•old be no objection to lending a man of Mr.
the only thing that was necessary be-
lent was that some solicitor should be
if of the society, in order to look into the
e, and to take any further precaution which
in order to insure that the security which
te the society was an ample, indefeasible se-
repayment of the money. Mr. Lowe offered
part of the property at Seaforth, and in
Radcliffe, Duncan, and Lowe were the
'Pty, it would have been their duty to do
for the society in this transaction ; but
was the part borrowing, it would
.consistent in Mr. Lowe to have acted on both
ordingly, the two defendents, Messrs. Curry and
ere selected. Mr. Lowe, as was usual in these
ared a draft of the mortgage, and it was laid be-
efendants, as the solicitors of the society. In a
to mortgage deed prepared, and two of the trustees
defendants' office to advance the money and to
,ed of security. When the trustees got to the
Lowe was there, and the deed was lying on the
are the money was paid over, Mr. Ashlin (one of
) asked Mr. Satham if the deed was a good se-
Statham said it was, and it would be his duty
ificate to that effect. Accordingly, a check for
3nded over to Mr. Lowe, who executeed the
Ited by Mr. Statham. Afterwards the
as given to the trustees :
" Liverpool, 24th May, 1839.
..a,—We do hereby certify that we have perused
Charles Lowe to a piece of land, messuages and
its, situated at Seaforth, in the county of Lan-
we do approve of the same ; and we have also
conveyance of the said Charles Lowe to you of
ssuage and premises; and that the same is a good
, by way of mortgage, to you for the security of
money advanced by you to him, and find that it
lnformity with and contains the several covenants
the rules of the society; and we further certify
Lowe has discharged our claim for the perusal
tle, and the conveyance of the said deed.
(Signed) " CURRY and STATHAM."
es took the deeds home, and further paid ano-
al 0, taking no trouble, relying on the skill of
For some time the interest was regularly paid,
Name a bankrupt, and the plaintiffs were
i their claim put down not as a secured, but as
. The trustees went to the solicitor who had
nto advance the money. [The learned gentle-
epeated the narrative of the interview which will
)elow in the evidence of Mr. Ashlin.] All that
s could do was to go home and make inquiry, and
was to find that, as Mr. Statham had so happily
society was " cut out," that the money was irre-
'one, or could only be recovered by the verdict of
eo into the particulars on which he
3 Mr. Gladstone purchased
, from the Earl of Sefton.
ai ...18 his lordship's. They
no title a universally well known in
No attorney ever inquired
4%irther for a safe

he Tipp
inn in

iecnrity to the society

in; to t

iectablity

Ir. Low(

was atte
tificate

to of neiligenct.

s was a part
-Rale title

_cnold interest by two attendant terms, the one
rs 01,71. the whole estate, and the other of 1,000 on
hat were
endeavour to explain to the jury the
trrat_
.erse called " attendant terms." They were
nx Et for various purposes—marriage trusts,
the fee— And And it happened often that the
freehold and too man could have two titles, the
aim at once, witheo other to the leasehold interest,
:ing desirous to kuet the lesser being merged in the
some other person, under
up the term, would have it
in fee, the term would
trust, and, while owner •
he inheritance. -Forltflh.go down in parallel lines
He would explain tolatcontrivance there were
jury one very obvi-
ppose that one of th,edl
ujilYepurchased a freehold
in that he found his title
,d the money for it
..here was some flaw
the
If that title was
Aendant terms, though
to the fee
rfect, the purchaser would stillitlehave his title
ant term, and an estate almost as good as that in
In every conveyance of an esta
e
it was the first duty of the protected by
was properly conveyed. When Nrral man
Glad-
his estate of the Earl of Sefton, this
in trust to Mr. Eden. When Lo: term
Lowe p
Gladstone. it was conveyed to his partneri:
d there could be no doubt that it was the
Currie and Statham to have that term
n some one to protect theilients. They
v—every attorney must know, that such a
•essary ; and if not, in the conveyance to
have found the term assigned. [Tbe
I the deed of conveyance to Lowe, de-
Mr. Duncan of all unexpired terms.]
-egular assignment of the term, the
made a party to the deed, and the
9netit of the society. His lord-

of wortg-a'g€

mode of doing
i-or even if Mr. Duncan
..;u he did nut do, there was
—Aping the term over to somebody
..ey might have their remedy by tiling a
id Mr. Duncan was a very unlikely person
f the kind ; but, at all events, the title was
tad would need the assistance of a court of
and he believed the highest names in
-1 their disapprobation of the substitution
rust for an assignment of it. He was
aat, if ,executed properly, a declaration
a party fxom injury, or that he could not
Jr a remedy. 13ut what was the ;.;,ct ? Mr.
er executed the deed at all, and the first charge

lerfect it

1 exprf

e brought against defendants was,

Of seeing.eWiYtLingdoniwbic,h ought fo have been
they saw his clients paying away .XBOO without seeing
ingdone beyond taking a conveyance fro All f.ore

aintiff, and I cond more