Hawtayne (Public Officer of the Western District Banking Company) v Bourne
| Jurisdiction | England & Wales |
| Judgment Date | 13 February 1841 |
| Date | 13 February 1841 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 905
EXCH. OF PLEAS.
S. C. 10 L. J. Ex. 224; 5 Jur. 118. See further, 8 M. & W. 703, and Cox v. Midland Railway, 1849, 3 Ex. 268; In re Cunningham; Simpson's Claim, 1887, 36 Ch. D. 532; Jacobs v. Morris, [1902] 1 Ch. 816. Referred to, Yorkshire Railway Wagon Company v. maclure, 1881, 19 Ch. D. 488; Gwilliam v. Twist, [1895] 2 Q. B. 84.
hawtayne (Public Officer of the Western District Banking Company) v. JjoiriiNK. Exeh. of Pleas, t'eb. 13, 1841.-The resident agent, appointed by the directors of u mining company to manage the mine, has not an implied authority from the shareholders of the company to borrow money upon their credit, in order to pay the arrears of wages due to the labourers in the mine, who have obtained warrants of distress upon the materials belonging to the mine, for the satisfaction of such arrears :-nor in any other case of necessity, however pressing. [8. C. 10 L. J. Ex. -224; 5 Jur. f 18. See further, 8 M. & W. 703, arid Cox v. Midland Railway, 1849, 3 Ex. L'fiS; In re Cunningham; Simpson's Claim, 1887, 3(JCh. L). 532; Jacobs v. Morris, [1902] 1 Ch. 816. Referred to, Yorkshire HuilwLiy Wayon Company v. Maclure, 1881, 19 Ch. D. 488; Gwilliam v. Twist, [1895] 2 Q. B. 84.] Debt for money lent, and on an account stated. Plea, nunquam indebitatus. At the trial before Maule, J., at [596] the last Cornwall Assizes, the following appeared to be the facts of the case : The defendant, who resides at Liverpool, was the holder of 100 shares in a, Company established for the working of a mine called the Trewolvas Mine, in the parish of St. Columb Major, Cornwall. The mine was managed by an agent, appointed by the directors of the Company for that purpose. In March 1839, iu consequence of the shareholders not having paid up the calk regularly, the concern fell into difficulties, and the agent, from want of funds, became unable to pay the labourers; a considerable number of whom, their wages being in arrear, applied to the magistrates, and obtained warrants of distress upon the materials belonging to the mine. The agent, finding that these warrants were about to be put into execution, applied in the name of the Company, but in fact upon his own responsibility, and without the knowledge of the shareholders, to the St. Columb Branch of the Western District Bauking Company, for a loan of £400 for three months, which was advanced...
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