Todd and Another v Emly and Another
| Jurisdiction | England & Wales |
| Judgment Date | 26 May 1841 |
| Date | 26 May 1841 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 1138
EXCH. OF PLEAS.
S. C. 10 L. J. Ex. 262. See also 7 M. & W. 427; 9 M. & W. 606.
todd and another v. emly and another. Exch. of Pleas. May 2G, 1841.- In an action against the defendants, to recover the price of wine furnished to a subscription club, of the committee of which the defendants were members, it was proved that the wine was ordered by the house-steward, who stated that he had authority to do so from the members of the committee. It was not shewn that the defendants had either personally iuterfered in ordering the wine, or been present at any meeting of the committee when the authority to order the wine was given ; but merely that they were members of the general body of the committee :-Held, that, under these circumstances, the question for the jury was not, 8M. tcW. 806. TODD V. EMLY 1139 whether the defendants, by their course of dealing, had held themselves out as personally reponsible to the plaintiff's, but whether they had individually authorized the making of the contract in the ordering of the wine. [S. C. 10 L. J. Ex. 262. See also 7 M. & W. 427 ; 9 M. & VV. G06.] Assutnpfiit for goods sold and delivered, and on an account stated. Plea, non ftssumpserunt. This was an action brought to recover the price of wine supplied by the plaintiffs to the Alliance Club, during the time that the defendants were members of the committee, [506] and was tried before Lord Denman, C. J., at the last Spring Assizes for the county of Surrey, when the following fucts appeared in evidence.(a) The club was formed in the year 1836, and the members of it were the proprietors of the club and the renters of the house. The members, on admission, paid entrance-money and an annual subscription, and all provisions consumed in the club were paid for in ready money. The funds were deposited at a banker's appointed by the members of the club, and were drawn out by cheques signed by three of the committee, who had authority so to do, and countersigned by the secretary. It appeared that the house-steward, Mr. Chapman, was the agent of the committee for the purpose of ordering articles for the use of the club, and, amongst others, wine from the plaintiffs ; that he so ordered it by authority of the members of the committee, and that the committee were aware that the wine was obtained upon credit. It also appeared that a Mr. Stewart, one of the committee, had gone to the plaintiffs' for the...
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