RECEIVER. SUBJECTS OF CASES. Land in settlement sold to railway company-— Money held to be real and not personal estate 774 Agreement by wife as to after-acquired property -Election between settlement and will 814 Provision for wife "in lieu of dower or thirds ". Intestacy of husband-Widow's distributive share barred-Meaning of term "thirds "...... 817 Covenant by husband on a deed of separation to relinquish all after-acquired property-Effect of on the settlement Construction of words "other than an eldest son for the time being "-Participation SETTLEMENT (PARISH). By apprenticeship-Indenture not executed by apprentice invalid (See Poor Law.) SHERIFF. 856 883 495 Right to poundage where seizure made, but writ withdrawn without the sum being raised, the proceedings being irregular-What is a levy... 649 SHIPPING.' (See Maritime Law.) SLANDER. Action for will not lie against a coroner for words 790 ... 796 Distribution of cannot be determined by a com mon law court... 361 By agreement with master-Apportionment of... 556 (See Maritime Law.) Licence of under Manchester Police Act-What constitutes a licence...... SOLICITOR. (See Attorney and Solicitor.) SPECIFIC PERFORMANCE. Of sale by admeasurement-Error as to quantity -Compensation on avoiding sale Of sale by admeasurement-Error as to quantity -Compensation 683. 15 342 Will not be enforced against purchasher acting under mistake produced by statement of vendor 450 Agreement to mortgage copyhold on bankruptcy of mortgagor-Assignees are necessary parties to a suit for....... ..... 385 492 540 777 Of a contract for sale of an estate refused on the ground that representations then made had not been fulfilled 804 819 Of agreement in a lease to make decorative repairs 890 STATUTE OF FRAUDS. Assignment of a judgment-debt is not an answer to a plea of set-off of such debt Vested interest-What constitutes a ............... 376 TENANT. (See Landlord and Tenant.) WILL. SUBJECTS OF CASES. Words creating a tenancy in common............... Direction for education of children in Protestant 13 19 43 57 Joint or mutual will-Survivor-Grant of probate Rule in Shelley's case—) estate 538 560 573 624 Direction to cut timber-Conversion of proceeds ..... 659 96 676- Expression by testator of wish and desire as to 681 99 131 Mistaken reference in a codicil-Revival of prior 694 155 THE LAW TIMES REPORTS, COMPRISING All the Cases Argued and Determined IN ALL THE COURTS OF LAW AND EQUITY, IN BANKRUPTCY, INSOLVENCY, NISI PRIUS, THE CRIMINAL COURTS, AND IN IRELAND, TYRRELL V. BANK OF LONDON. Solicitor and client-Purchase of property to resell to client-Solicitor of inchoate company-Duty to client-Fraud-Restitution-Interest. T. being appointed solicitor to an inchoate joint-stock company, or at least being paid afterwards for his services as solicitor at such time, and foreseeing that premises would be wanted for carrying on the business, arranged with R., who had recently purchased suitable premises, that such purchase should be for their joint account, and that R. should negotiate with the company in his own name for the resale to the company, concealing the fact that T. was interested as joint owner. T. and R. then acted in concert on this footing, and T. so arranged the negotiations, ostensibly acting as solicitor of the -company, and treating with R. as ostensibly the sole owner, that when the company was fully formed the chief part of the premises was purchased by them for more than the price paid by T. and R. for the whole, and they divided the profit between The company having afterwards acquired knowledge of this secret interest of T.: Held (varying the decree of the M. R.), that it being immaterial whether T. had before his own contract advised the company to buy, or had merely intended to recommend the company to buy such premises, if the company ultimately bought relying on his advice, that the company were entitled as against T. to the benefit of his contract with R. as to the portion sold to the company, with 5 per cent. interest on what should be found due. them. This was an appeal against a decree of the M. R., dated 30th June 1859. The app. Mr. Tyrrell was a solicitor, and was lately a member of the firm of Tyrrell, Paine and Layton, solicitors. The resps. were the Bank of London, a joint-stock banking company, originally projected in 1854, and incorporated by letters patent in 1855. In 1854, under a foreclosure suit, the premises now Vol. VI., No. 123, N.S. occupied by the Bank of London, then called the Hall of Commerce, became the property of Louisa Campbell, and the same year she agreed to sell the same to Edward Rudston Read and three others, as a speculation, for 49,2001. The purchasers expected to realise a profit by reselling the premises. The negotiation was not to be completed till 1855. Meanwhile the Joint-Stock Bank Company, afterwards called the Bank of London, was projected, having originated apparently with Mr. Scott, Chamberlain of London, who communicated with Mr. Tyrrell, the object of both being, one to become the secretary and the other the solicitor of the company. A preliminary meeting was held on 15th Jan. 1855. The list of directors was in course of being settled, and Mr. Tyrrell had got instructions to look out for an office, or site, when he met with Mr. Read, who then discussed the eligibility of the Hall of Commerce for this purpose. Mr. Read at that time, or immediately after, resolved to buy up the shares of his co-adventurers, and join Mr. Tyrrell in an arrangement as to this property. Mr. Read succeeded in purchasing the shares of the property. Meanwhile, Mr. Tyrrell having obtained an expression of opinion that the site would suit the proposed bank, he arranged a joint speculation with Mr. Read, on certain terms, one of which was that all negotiations should be made and carried on in the name of Mr. Read alone, and that Mr. Tyrrell's name should not appear. Mr. Read then gave Mr. Tyrrell a letter to show to the bank, purporting to inform him that the price asked for the Hall of Commerce was 110,000l., to which a formal answer was written by Mr. Tyrrell, that it would be considered. Meanwhile, the arrangement between Read and Tyrrell was reduced to writing, and the terms were that the purchase by Read was to be on a joint account, as tenants in common, that each should bear a part of the purchase-money and costs already paid and incurred, and that neither should sell without the consent of the other. Another formal letter was sent by Read to Tyrrell, and the bank got a report from an architect that it was a good opportunity to secure the Hall of Commerce if they paid 80,000%. for it. Tyrrell was thereupon instructed to negotiate with Read, who wrote that another party had been in negotiation for the place for 90,0007, but it had gone |