Evans and Others v Earle

JurisdictionEngland & Wales
CourtExchequer
Judgment Date29 May 1854

English Reports Citation: 156 E.R. 330

IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER

Evans and Others
and
Earle

S. C 2 C. L R 1222, 23 L. J. Ex 265, 2 W R 476

The EXCHEQUER REPORTS. REPORTS of CASES ARGUED and DETERMINED in the COURTS of EXCHEQUER and EXCHEQUER CHAMBER, Trinity Term, 17 VICT., to Hilary Vacation, 18 VICT., both inclusive. By E. T. HURLSTONE, of the Inner Temple, and J. GORDON, of the Middle Temple, Esquires, Barristers-at-Law. Vol. X. London, 1855. [1] ExcHE(L)LER reports. trlnity term, 17 viot evans and others i. eakle. May 29, 1854 -The defendant, as surety, executed a bond, the condition of which recited an agreement between the directors of an East Indian Railway Company and P., whereby it was agreed that P should forthwith proceed to such place in the East Indies, at such time, and by such conveyance as the company should direct, and should thete serve the company a-engmeer at a ceitain salary pei month, to commence from the day of his ernbar-cation at Southampton The condition was in the terms of the recited agreement, but mentioned no place of embarcation. The company paid for the passage of P to India, on board a vessel about to leave Southampton, but the bond not having been executed in sufficient time to enable him to go by that vessel, he was directed by the company to go by way of Marseilles, and so meet the vessel He embaiked at Dover, but never leached Marseilles, and in a short time returned to this country--Held, that the condition of the bond was not restrained by the lecital, and consequently that the surety was liable, notwithstanding the principal did not embaik at Southampton [S. C 2 C. L R 1222 , 23 L. J. Ex 265, 2 W It 476 ] Debt on bond. The plea set out the bond, by which Ft. Plant and the defendant were jointly and severally bound to the plamtifts in the sum of 4001. The condition recited an agreement between the members of the Provisional Direction of the Bombay, Baroda, arid Central India Railway Company of the one part, and R. Plant of the other part, whereby it was agreed "that R Plant should forthwith proceed to such pliice or places in the East Inches, at such time, and by such conveyance, as the said company should direct, and should there serve the said company as engineer and sui\eyor, at a salary of 411 l- s 4d. per month, to commence from the day of his embarcation at Southampton , " also " that the defendant had agreed to become security for R. Plant, for fidelity and trust/' and the condition...

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