VICE-CHANCELLORS’ COURTS.—Dec. 12.
(Before Vice-Chancellor Kindersley)
SMALL v. CURRIE.
The object of this suit was to set aside a bond of indemnity whereby Mr. Butterfield, of Petersfield, was indemnified by Mr. Lipscombe, farmer, Sussex, against all loss which he might sustain as a partner in the firm of a bank in Petersfield.
The case was only part heard when the Court rose.
The Solicitor-General and Mr. Giffard appeared for the plaintiff, and Mr. Elmsley for the defendant.
Morning Herald (London) - Tuesday 13 December 1853
VICE CHANCELLORS’ COURT—Monday
(Before Sir RICHARD KINDERSLEY)
SMALL v. CURRIE
The Solicitor General (with whom is Mr. Giffard) resumed the opening of this case, in which, as we have already mentioned, the plaintiff seeks to set aside a bond of indemnity given by one Lipscombe to the defendant, Mr. Currie, a solicitor, as security for the due performance, by a person named Butterfield, of his duties as manager of a bank at Petersfield, established by Colonel Jolliffe in 1833, as it is alleged, for electioneering purposes. It is also sought to restrain any action at law upon such bond. The general grounds upon which the case is rested are, that the bond was improperly obtained by the defendant, who, with Colonel Jolliffe, was a partner in the bank, Lipscombe being a farmer at Petersfield, and standing in the relation of a client to Currie. The capital of the bank was about 3000l.
The case will be further opened by Mr. Giffard to-morrow (Tuesday), but as the parties are at issue on the facts of the case we defer any further notice of it until the defendants’ case has been opened by Mr. Elmsley.
Morning Post - Wednesday 14 December 1853
VICE-CHANCELLORS’ COURTS.—Dec. 13
(Before Vice-Chancellor Kindersley)
The bill in this case was filed to set aside a bond of indemnity, alleged to have been obtained under fraudulent circumstances. It appeared that, till the year 1833, Mr. Hector, a banker at Petersfield, was the agent of the late Colonel Jolliffe, when differences arose between them, and Mr. Currie, a solicitor practising in London, was appointed agent in the place of Mr. Hector. The latter, it seemed, up to the time of dispute, had, by means of loans, secured some political interest to Colonel Jolliffe, in the borough of Petersfield; and, with the view of maintaining that interest, it was determined that a new bank should be established there, and that a farmer named Butterfield should be manager thereof, Colonel Jolliffe agreeing to advance two- thirds, and Currie one-third, of the capital, which was not to exceed 3,000l. A Mr. Lipscombe entered into a bond for the faithful discharge of Butterfield’s duties, as manager. Colonel Jolliffe having died, and Sir William Jolliffe having succeeded to his estates, had no desire to maintain any political interest in tbe borough. The bank was therefore about to be broken up in 1842, when Mr. Lipscombe, the uncle-in-law of Mr. Butterfield, being anxious to secure a livelihood for his nephew-in-law, induced Mr. Currie to carry on the bank alone. To this he acceded, on having a fresh bond from Mr. Lipscombe. A new bond was then entered into, which appears to have made Mr. Lipscombe responsible for the bad debts incurred in tbe carrying on of the bank, which eventually closed, in consequence, as it was alleged, of the reckless manner in which it was conducted. Under the second bond, Mr. Lipscombe became liable to Mr. Currie to the extent of about 1,300l. Mr. Lipscombe repudiated that liability, and contended that the bond ought to be delivered up to be cancelled, inasmuch as he had supposed, when executing it, that it was similar to the first bond, and therefore only related to Butterfield’s honest discharge of his duties as manager, and that Mr. Currie, had concealed from him the fact that at the time the second bond was executed several irrecoverable and statute-run debts were owing to the bank.
The Solicitor-General and Mr. Giffard appeared for the plaintiff, and
Mr. Elmslie and Mr. Burdon were counsel for the defendant.
The case for the defendant was being stated when the Court rose.