Aubin v Holt
| Jurisdiction | England & Wales |
| Judgment Date | 23 November 1855 |
| Date | 23 November 1855 |
| Court | High Court of Chancery |
English Reports Citation: 69 E.R. 696
HIGH COURT OF CHANCERY
25 L. J. Ch. 36; 4 W. R. 112.
Solicitor's Agreement. Retiring Partner. Name of Firm. Public Policy. Agreement to grant Annuity. Tender of Deed. Costs.
696; AUBIN. V. ,HOLT . 2K.&J.66. [66] aubin v. holt. Nov. 23, 1855. [25 L. J. Cb. 36; 4 W. R. 112.] Solicitor's Agreement. Retiring Partner. Name of Firm. Public Policy. Agreement to grant Annuity. Tender of Deed. Costs. An agreement between two solicitors in partnership together, that one of them should continue to carry on.the business under their joint names, and should be entitled to all the profits thereof, and should grant to the other partner an annuity of 300 during the life of his mother, and in the event of his dying in the lifetime of his mother should pay to his widow an annuity of 100 during the remainder of his mother's life, and should indemnify him against all liability in respect of his name * being used, and that the partnership should cease on the death of the mother of the retiring partner: Held not to be void as against public policy, but to be a valid and binding agreement. Held, also, that the agreement must be considered to mean that an annuity was to be granted by deed, and that the retiring partner was entitled to enforce specific performance of such agreement. : ' ; Held, further, that, as incidental to such relief, the Court would decree an account and payment of the arrears of the annuity, and would not direct the deed to be ante-dated, so as to cover them, and leave the Plaintiff to recover at law upon the deed. Semble, that the Plaintiff ought strictly to have tendered a deed for execution before filing the bill; but, as it was proved that he had made a formal demand for the arrears : Held, that he was entitled to his costs. The Plaintiff, George Douglas Aubin, and the Defendant, Henry Frederic Holt, being in partnership together as solicitors, on the 1st of September 1848 entered into the following agreement:- . , "We do hereby declare and agree our mutual positions to be as follows:-First. That all partnership accounts between us up to the 29th of July 1846 have been duly closed and settled. Secondly. That since the 29th of July 1846 the capital invested by the said George Douglas Aubin in our co-partnership business has become and still is the sole property of the said Henry Frederic Holt. Thirdly. That from the said; 29th of July 1846 the said Henry Frederic Holt has been and still is entitled...
To continue reading
Request your trial
-
Boon Lay Choo v Ting Siew May
...2 SLR (R) 992; [1999] 3 SLR 682 (folld) Aqua Art Pte Ltd v Goodman Development (S) Pte Ltd [2011] 2 SLR 865 (refd) Aubin v Holt (1855) 2 K & J 66; 2 K & J 66 (folld) Bowmakers Ltd v Barnet Instruments Ltd [1945] 1 KB 65 (folld) Chee Jok Heng Stephanie v Chang Yue Shoon [2010] 3 SLR 1131 (no......