R v Philip William May
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1861 |
| Date | 01 January 1861 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 1283
Crown Cases
S. C. 30 L. J. M. C 81, 3 L T 680, 25 J. P. 85, 7 Jur N S 147, 9 W R. 256; 8 Cox C C. 421. Followed, R. V Bowers, 1866, L. R. 1 C. C. R. 41, R. v Tite, 1861, post, p. 29. Referred to, R. v. Bren, 1863, post, p. 346.
[13] 1861. regina v. philip william may. (The prisoner, who was indicted for embezzlement, was employed by an iron Company to obtain orders at N , and received a commission upon the orders he obtained It was his duty to account to the Company for any money which he might receive for them , but it did not appear that it was his duty to receive money for them. Held, that he was not a clerk or servant within the meaning of the statute, 7 & 8 Geo. IV c 29, s. 47 ) ["IS. C. 30 L. J. M. C 81 , 3 L T 680 , 25 J. P. 85 , 7 Jur N S 147 , 9 W R. 256 ; 8 Cox C C. 421. Followed, R. v Bowers, 1866, L. R. 1 C. C. R. 41, #. v Tite, 1861, po*tt p. 29. Referred to, R. v. Bren, 1863, post, p. 346.] The following case was reserved by the Chairman of the Staffordshire Quarter Sessions. At the recent Epiphany Sessions for the county of Stafford, Philip William May was indicted for that he, being the clerk or servant of the Right Honorable the Earl of Granville and others, feloniously embezzled on the 1st of August last 94, and on the 22nd of September 37, 15s , the monies of his employers The evidence shewed that the prisoner was employed at Newcastle-upon-Tyne in Northumberland to obtain orders there for the sale of iron for the prosecutors, who caxned on business at Hanley iu Staffordshire as manufacturers of iron under the name of the Shelton Bar Iron Company, at a ceitain commission upon the orders which he should obtain. This employment took place under a letter from the manager of the prosecutor's works, of which the following is a copy . Shelton Bar Iron Wrorks, Mr. P. W. May. near Stoke, Staftordshire, Dear Sir, 19th Sept 1859. In reply to your letter, we are not disposed to appoint any agent at Newcastle, but for all business you do for us we shall be happy to pay you a commission. We expected that after your conversation with the writer a good business would result. Yours truly, 15 Lisle St. Shelton Bar Iron Co. Neweastle-on-Tyne. W P. roden The manager of the Company, Mr Roden, was not [14] called as a witness , but the cashier of the Company, who had nothing to do with the employment of such persons as the prisoner, said that a person who like the prisoner got orders...
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