Trutch v Lamprell
| Jurisdiction | England & Wales |
| Judgment Date | 24 January 1855 |
| Date | 24 January 1855 |
| Court | High Court of Chancery |
English Reports Citation: 52 E.R. 546
ROLLS COURT
[116] tkutch v. lampbell. Jan. 24, 1855. Two trustees having properly sold out trust money, one of them handed the cheque for the proceeds to the other, who misapplied it. Held, that they were both liable. It is a contradiction in terms to say that a trustee who acts is not an active trustee, and a defence by a trustee, that he only acted for conformity's sake, is unavailing. The Plaintiff, Caroline Agnes Trutch, was entitled, subject to the life interest of her mother, to one moiety of a sum of 1763, 3s. 7d. consols, standing in the names of two trustees, Lamprell and Holmes. Her mother, who had assigned her life-estate to secure 640, proposed absolutely to assign her life interest to the Plaintiff, and that the Plaintiff should pay off the mortgage out of the proceeds of the sale of a moiety of the stock, which would then belong to her absolutely in possession. The Plaintiff assented, and on the 25th of July 1853 an absolute assignment was executed to the Plaintiff. On the same day, Lamprell and Holmes, the trustees, at the Plaintiff's request, sold out one moiety thereof, and out of the...
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Lowe v Shields
...1 Ch. 470. Job v. JobELR 6 Ch. D. 562. Langford v. Gascoyne 11 Ves. 333. Shields' EstateIR [1901] 1 I. R. 172. Trutch v. LamprellENR 20 Beav. 116. Williams v. NixonENR 2 Beav. 472. Executors — Liability for default of co-executor — Putting assets into sole control of co-executor. 320 THE IR......
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Barnard v Bagshaw the Lake Bathurst Australasian Gold Mining Company
...of their body, and he was consequently liable for the misapplication of it by that one; Clough v. Bonil (3 Myl. & Cr. 490); Trutch v. Lamprell (20 Beav. 116); Griffiths v. Porter (25 Beav. 236). The mere crossing of the cheques added no security for the prevention of the breach of trust......
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Griffiths v Porter
...judgment of Messrs. Selhy & Norton was to govern the judgment of Thomas Porter, or of 630 RE THOMPSON AND DEBENHAM 25 BEAVTrutch v. Lamprell (20 Beav. 116). That it was also a breach of trust to place it in the hands of the solicitors, and to take a second and insufficient security for ......