Davies v Clough
| Jurisdiction | England & Wales |
| Judgment Date | 10 January 1837 |
| Date | 10 January 1837 |
| Court | High Court of Chancery |
English Reports Citation: 59 E.R. 105
HIGH COURT OF CHANCERY
S. C. 6 L. J. Ch. (N. S.) 113; 1 Jur. 5. See In re John Holmes, 1877, 25 W. R. 604.
Solicitor and Client. Injunction.
ò SIM. 20. _ DAVIBS V. CLOUGH 105 [262] davies v. clough. Nov. 29, 30, 1836; Jan. 10, 1837. [S. C. 6 L. J. Oh. (N. S.) 113; 1 Jur. 5. See In re John Holmes, 1877, 25 W. R. 604.] Solicitor and Client. Injunction. A., a solicitor, had been employed by B. to negotiate and conclude an agreement on her behalf. Disputes then arose between them as to A.'s billa of coats, which B. procured to be taxed and reduced. A suit was subsequently commenced by C. against B., the object of which was to set aside the agreement, and in which A. and D., who had lately become his partner, were solicitors for C. The Court restrained A. & D. from acting as the solicitors of C. in the suit, and restrained A. from communicating to C. any information relating to the agreement that had come to his knowledge, confidentially, as the solicitor of B. In 1808 a family arrangement was made between Roger Clough and R. Butler Clough, his son, under which R. B. Clough became entitled to an annuity of £500 a year, charged upon an estate to which he was entitled in remainder expectant on his father's death : and R. B. Clough was empowered to charge the estate, on his marriage, with a jointure of £350 a year. In the same year R. B. Clough married the Defendant, Amelia Maria Clough, having previously exercised his power of jointuring in her favour. [263] In 1817 R. Clough, who was a partner in a bank, became bankrupt. His assignees having agreed to sell a portion of the estate, claims were made by R. B. Clough, in respect of his annuity, and by his widow, in respect of her jointure. The assignees were afterwards allowed to complete the sale, on relinquishing their claim to the remainder of the estate; but in 1830, and before the claims of R. B. Clough and his wife were finally settled, the former died, having appointed his wife his executrix. On R. B. dough's death the portion of the estate remaining unsold descended to his only child Amelia, the wife of the Defendant Walter Powell Jones. On the 9th of August 1831 an agreement was made between Mrs. Clough, Mr. and Mrs. Powell Jones and the assignees of R. Clough, which was afterwards varied by an agreement of the 7th of October 1832. The effect of the agreement so varied was that Walter Powell Jones should pay £3160 to Mrs. Clough, and that she should relinquish her jointure, and the arrears of her late husband's annuity, amounting to £6750. H. Jones, who had acted as the solicitor of the Clough family from the year 1815, was employed by Mrs. Clough as her solicitor in negotiating and concluding the before-mentioned agreement...
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