Law Reports; King's Bench Division Volume 2

 
9781236536815: Law Reports; King's Bench Division Volume 2

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. 1907 edition. Excerpt: ...proceedings makes a statement to a person even though not his client, that funds have been put into his hands for the purpose of payment to that person upon a certain event happening, and that upon the happening of the event h will pay the money, the personal undertaking of the solicitor is sufficient to enable the Court to exercise its summary jurisdiction to compel him to carry out the undertaking on the application of the person to whom it is given, although it is not a personal guarantee in the sense that the solicitor guarantees the payment of the money out of his (the solicitor's) own pocket. Further, the Court will exercise its disciplinary jurisdiction to prevent a breach of trust where there has been a declaration of trust by a solicitor in favour of a person even though not his client, which induces that person to alter his position. Appeal from an order made by Bray J. setting aside the order of Master Lay directing the respondent to pay over to the appellant the sum of 82Z. 10s. Id. 1907 The appellant Hales had acted as solicitor for one Fournet. A Solicitor, 1 November, 1905, Fournet instructed the respondent, a in re. solicitor, who practised under the name of a firm, to tax two Hales,.. Ex parte, bills of costs delivered to him by the appellant. The respondent accordingly took out a summons on behalf of Fournet to refer the bills to taxation. On the hearing of.the summons the appellant informed the Master that Fournet was an undischarged bankrupt, and that the application to tax was vexatious, as Fournet had no intention of paying the costs. The respondent's clerk denied that Fournet was an undischarged bankrupt, and the Master made the order to tax. Fournet was, in fact, an undischarged bankrupt, and the respondent informed...

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