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Borre v Vande

Maclean & Robinson's Appeal Cases English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1693
Date01 January 1693
CourtHigh Court of Chancery

English Reports Citation: 21 E.R. 796

COURT OF CHANCERY

Borre
and
Vande

S. C. sub. nom. Bon v. Vandall, 1 Chan. Cas. 30.

borre versus VANDE. A Factor had stolen the Customs of several Goods, and the Bill was, to have an Accompt, and to discover, whether he paid those Customs or not. The Defendant by his Answer insisted, That he was not bound to answer that part of the Bill, because the Plaintiff who was the Merchant was not entitled to those Customs, nor had any Advantage thereby, whether the same were paid or not. And it being referred to the Master, whether this was a sufficient Answer or not, he certified it was not: And Exceptions being taken to his Report, ["88] the Cause was heard, and it was insisted, That it would be of very ill Consequence, and an Encouragement to unjust Factors, if the Court should give any Opinion for them in a Matter of Fraud as this was. But it was said for the Defendant, That by the Law NELSON, 89. RAYNES V. LEWES 797 and Course of Merchants, the Factors were to have the Benefit of Customs stolen, because they...

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