The Executors of Aitkin, Deceased

JurisdictionEngland & Wales
Judgment Date08 November 1820
Date08 November 1820
CourtCourt of the King's Bench

English Reports Citation: 106 E.R. 855

IN THE COURT OF KING'S BENCH.

In the Matter of the Executors of Aitkin
Deceased.

in the mattbk of the executors OF aitkin, Deceased. Wednesday, November 8th, 1820. Where the employment of an attorney is so connected with his professional character as to afford a presumption that his employment was in consequence of that character, the Court will interfere in a summary way to compel him faithfully to execute the trust reposed in him; and therefore, where an attorney was employed by A. to collect and get in the effects due to him as administrator of another person, the Court compelled the attorney to render an account to the executors of A. of the monies, &c. received by him, although he (a) Abbott C.J. and Holroyd J. were absent in the House of Lords. 856 CRAWSHAY V. HOMFRAY 4B.&ALD.48/ had never been employed by A. or his executors to conduct any suit in law or equity on his or their behalf. [Discussed, Cooper v. Ewart, 1847, 2 PI. 366.] Scarlett had obtained a...

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1 cases
  • Att Gen v Carbonneau
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 7 Abril 2003
    ...second defendant; Ms. S.M. Corbett for Barclays Private Bank & Trust (Cayman) Ltd. Cases cited: (1) Aitken, ReENR(1820), 4 B. & Ald. 47; 106 E.R. 855, distinguished. (2) Bodenham, Ex p.ENR(1838), 8 Ad. & E. 959; 112 E.R. 1105, distinguished. (3) Dangar”s Trusts, ReELR(1889), 41 Ch. D. 178, ......

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