Agency - 1800- 1849

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This page lists 8 cases, and was prepared on 04 January 2012.

__ Demandant, __ Tenant, O'Brien Vouchee [1811] EngR 596; (1811) 4 Taunt 196; (1811) 128 ER 304 (A)
28 Nov 1811	Agency
	Link[s] omitted

Loeschman -v- Machin (1818) 2 Stark 311
1818 Abbott J	Torts - Other, Agency	Casemap 1 Citers
	If a hirer of the goods sends them to an auctioneer to be sold, he is guilty of a conversion of the goods; and if the auctioneer afterwards refuses to deliver them to the owner, unless he will pay a sum of money which he claims, he is also guilty of a conversion.

Shaw -v- Picton (1825) 4 B & C 715
1825 Bayley J	Agency	Casemap 1 Citers
	Bayley J: "It is quite clear, that if an agent (employed to receive money, and bound by his duty to his principal from time to time to communicate to him whether the money is received or not,) renders an account from time to time which contains a statement that the money is received, he is bound by that account unless he can shew that that statement was made unintentionally and by mistake. If he cannot shew that, he is not at liberty afterwards to say that the money had not been received, and never will be received, and to claim reimbursement in respect of those sums for which he had previously given credit."

Noel -v- Isaac [1835] EngR 180; (1835) 1 CrM & R 753; (1835) 149 ER 1284 (A)
1835	Agency
	Trespass is not maintainable for holding an attorney to bail, notwithstanding his privilege.
	Link[s] omitted

Carnfoote -v- Fowke [1840] 6 M&W 358
1840	Agency	Casemap 1 Citers
	The phrase "some positive wrongful conduct" in cases of misrepresentation, is directed to the case where the principal does something with the intention that the innocent agent will mislead the third party by a misrepresentation due to his ignorance of the truth.

Collis, Assignee of French, An Insolvent Debtor, -v- Stone [1843] EngR 675; (1843) 4 QB 655; (1843) 114 ER 1045
12 May 1843	Agency, Insolvency
	Link[s] omitted

Edward Railton -v- Thomas Gadd Mathews And Robert Leonard And Another [1844] EngR 683; (1844) 10 Cl & Fin 934; (1844) 8 ER 993
14 Jun 1844	Agency, Torts - Other
	A party became surety in a bond for the fidelity of a commission agent to his employers. After some time the employers discovered irregularities in the agent’s accounts, and put the bond in suit. The surety then instituted a suit to avoid the ’bond, on the ground of concealment by the employers of material circumstances affecting the agent’s credit prior to the date of the bond, and which, if communicated to the surety, would have prevented him from undertaking the obligation. On the trial of an issue whether the surety was induced to sign the bond by undue Concealment or deception on the part of the employers, the presiding Judge directed the jury, that the concealment, to be undue, must be wilful and intentional, with a view to the advantages the employers were thereby to gain : Held by the Lords (reversing the judgment of the Court of Session) that the direction was wrong in point of law. Mere non-communication of circumstances affecting the situation of the parties, material for the surety to be acquainted with, and within the knowledge of the person obtaining a surety bond, is undue concealment, though not wilful or intentional, or with a view to any advantage tor himself.
	Link[s] omitted

Clarke -v- Tipping [1846] EngR 548; (1846) 9 Beav 284; (1846) 50 ER 352
18 Apr 1846 Wigram VC	Agency, Intellectual Property	Casemap 1 Cites
	The Defendant had bribed the Plaintiff's agent to make extracts of false entries from the books of the Plaintiff. The Plaintiff did not move for an injunction on the Defendant's answer; but, on the cause coming on for hearing, it appeared that Clarke had filed another bill in the Rolls Court, and had obtained in that suit an inspection of those books; and therefore the bill was dismissed. But the principle that an agent could not be allowed to communicate the contents of his employer's books to another person, and that that person could not publish the information so improperly obtained, was directly admitted by the Vice-Chancellor. A person guilty of bribery takes the knowledge he obtains with no better right to use it than the party communicating it; but here there is neither bribery nor fraud.
	Link[s] omitted