Auty v Hutchinson
| Jurisdiction | England & Wales |
| Judgment Date | 16 June 1848 |
| Date | 16 June 1848 |
| Court | Court of Common Pleas |
English Reports Citation: 136 E.R. 1253
IN THE COURT OF COMMON PLEAS
S. C. 17 L. J. C. P. 304; 12 Jur. 962.
auty v. hutchinson. June 16, 1848. [S. C. 17 L. J. C. P. 304; 12 Jur. 962.] The defendant, the clerk of a county-court established under the 9 & 10 Viet c. 95, employed the defendant to fit up a court-house and offices. It having been left to the jury to say whether or not the defendant contracted on the footing of personal' liability, and they having found for the plaintiff, the court declined to enter a nonsuit,--the defendant's personal liability not being excluded by his position as clerk of the court, or negatived by the nature or by the terms of the particular contract. Assumpsit for goods sold and delivered, and for work and labour. Plea, non assumpsit. The cause was tried before Maule J., at the last sitting for Middlesex, in Easter term last. The facts that appeared in evidence, were as follows:-The defendant, was the clerk of the Barnet county-court: the defendant was a builder at Barnet, in the county of Middlesex. In April, 1847, the plaintiff was employed by the defendant, to fit up certain premises at Hertford, for a court, with rooms for the accommodation of the judge. The'work having been done, the plaintiff sent in his bill, making the defendant his debtor. The bill in this form being objected to, it was altered, with the plaintiff's assent, by making the treasurer of the court the debtor. On the part of the defendant, it was proved that the bill for the repairs had been allowed by the judge of the court: and it was insisted that the defendant, being a [267] public officer, was not personally liable, but that the plaintiff was bound to look for payment to the fund provided by the statute 9 & 10 Viet. c. 95. The learned judge left it to the jury to say whether the work was done upon the credit of the defendant. The jury returned a verdict for the plaintiff, damages 1431. Byles, Serjt., in Easter term last, moved, pursuant to leave reserved to him at the trial, to enter a verdict for the defendant or a nonsuit, or for a new trial on the ground of misdirection. By the 23rd and 24th sections respectively provision is made for the appointment of a treasurer and a clerk of the county court. The duties of the former are defined and regulated by the 42nd, 43rd, 48th, 50th, and 51st sections. The 48th section enacts " that the treasurer of any court holden under this act, for which a court-house and offices, with...
To continue reading
Request your trial
-
Bower v Griffith, and Thers
...317. Rothwell v. The Corporation of DublinUNK12 Ir. L. r. 206. Horsley v. BellENRAmbler, 770; S. C. 1 Br. Ch. C. 100. Auty v. HutchinsonENR6 C. B. 266. Todd v. Emly and AnotherENR8 M. & W. 505. Public Commissioners Personal Liability of Applicability of Rates to opposing a Bill in Parliamen......
-
Contract formation
...an arbitration clause is 331 Allen v Waldegrave (1818) 8 Taunt 566 at 574, per Dallas CJ [129 Er 503 at 507]. Compare Auty v Hutchison (1848) 6 CB 266 [136 Er 1253] where a county court clerk was held not to be a public oicer, and was held personally liable. In Singapore, the immunity from ......