R v Donald McDonald
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1861 |
| Date | 01 January 1861 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 1314
Crown Cases
S. C. 31 L. J. M. C. 67, 5 L. T 330, 25 J P. 741; 7 Jur N. S. 1127; 10 W R. 21; 9 9 Cox C C. 10.
1861. regina v donald m'donald (The prisoner was a cashier and collector to commission agents. He was paid partlv bv salary and partly by a percentage on the profits, but was not to contribute to the losses, and had no control over the management of the business. Held, that he was a servant within the meaning of the 7 & 8 Geo. IV c 29, s. 47, and not a partner.) [S. C. 31 L. J. M. C. 67 , 5 L. T 330 , 25 J P. 741 ; 7 Jur N. S. 1127 ; 10 W R. 21 ; 9 Cox C C. 10.] The following case was stated by the Recorder of Manchester. At the Quarter Sessions for the city of Manchester, holden before me on Monday, th4 24th June, 1861, Donald M'Donald was tried and convicted on an indictment for embezzling three several sums of 663, 3s , 449, 5s. 6d., and 182, 6s , the property of Joshua Lord and another, his masters The prosecutors, Joshua Lord and Richard Smith, carried on business as manufacturers at Bacup under the style of James Smith and Sons ; but there were no other partners than the two above named. They also carried on business in Birchm Lane, Manchester, as commission agents in cotton cloth and yarn At their establishment in Birchin Lane they sold their own goods manufactured at Bacup ; and other persons also [86] consigned goods to them to sell, and they themselves bought goods to sell again there. The prisoner was in their service in the Manchester business as cashier and collector , and a person of the name of Edward Williamson was their (a) See Regina v. Oliver, Bell, C. C 287, where it was held that, upon a count for assaulting, beating, wounding and occasioning actual bodily harm., the prisoner may be convicted of a common assault LE.&6A. 87. REQINA V. DONALD MCDONALD 1315 salesman. In 1855 the prisoner and Williamson, having held their respective situations in the service of the prosecutors for about seven years, applied to have their salaries, which were 150 a year each, increased. This was not at once acceded to ; but in the end the prosecutors agreed to allow the prisoner and Williamson each 12| per rant, on the profits in addition to their salaries ; and it was stipulated that, if the concern should be a losing one in any year, neither the prisoner nor Williamson were to contribute anything towards the loss, but that in that event they would have to be content with their...
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