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![handle is hein.slavery/ssactsengr0123 and id is 1 raw text is: BERTRAM V. (JODFRAY [1830]
taken, it would doubtless have been successful. Although the judgment of the
Court of Jersey, in Froissard v. Dupr',e,* was reversed by the Privy Ciuncil, their
decision was founded on the general question, and not on the preliminary objection.
Master of the Rolls [Sir John Leach].-Their Lordships are of opinion that the
decease of the aunt would not dissolve the bonds of affection which her husband
might entertain towards her nephew. Suppose a case was to come on the day after
the death of the aunt, would the affection which bound him the day before not exist
the day after? It would be most difficult to draw such a distinction. The con-
nections which are formed by marriage are not dissolved by the death of one of
the parties, and therefore the judgment of the Court below must be reversed.
[Mews' Dig. tit. PUBLIC OFFICER; A. JUDICIAL CAPACITY; 1. Judges; d. where
interested.]
[381] ON APPEAL FROM JERSEY.
Messrs. BERTRAM, ARMSTRONG, and CO.,-Appellants; HUGH GODFRAY,--
Respondent [1830].
A commission to sell and transfer stock when the funds should be at 85 per cent,
or above that price, is a particular commission under which an agent is
bound to sell when the funds reach 85; and has not a general authority to
act for his employer, so that he may defer selling till the funds should reach
a higher price than 85.
A mercantile house that had accepted such a commission, and had not sold when
the funds reached 85, held therefore in Equity, to have made the stock their
own from that time, and ordered to account to their employer for the price
of it, with interest; he, in return, accounting to them for the dividends he
had subsequently received in ignorance of the fact of the funds having reached
that price-
Although the general rule in the Privy Council is not to condemn the appellant
to pay the respondent's costs, where the Judgment of the Court below is
altered on appeal, yet where the appellant might have obtained the alteration
in the Court below without appeal, which was made on appeal, and the
general principle of the Judgment was affirmed, he was ordered to pay the
respondent's costs.
The respondent, in the month of May 1824, purchased through the appellants
house at Buenos Ayres the sum of 5500 dollars, in the Buenos Ayres stock; on the
14th of September 1824 he wrote to them in these terms: Gentlemen, I transmit
you enclosed my power of attorney, authorizing you to receive the dividends on the
funds bought in my name on the 8th of May last, as also to sell and transfer the same,
should they be at 85 per cent. or above that price, and in that case you will remit me
bills on London.
The appellants replied to this by a letter dated Buenos Ayres, 20th September
1824, in which they acknowledged the receipt of the respondent's letter and power
of attorney, and proceeded to state, We regret to say, that on the. arrival of the
packet funds declined to 75 per cent., from the very unfavourable looks of our
stock in London; they are now at 70 per cent. We do not despair nevertheless, as
we [382] expect that on the news of the prosperous state of this country, and the
*No cases on this point appear in our own books. Both the ancient (Ordonnance
d'Avril 1667, tit. 24, art. 4) and modern law (Code de Proceed. Civile, tit. 21, art.
378, s. 2) of France provide for an occurrence of this nature, by directing that if
the wife dies without issue, neither the father, brother, or son-in-law, shall be judges.
It would appear that her other relations might, in such an event, act in that capacity,
although they could not have done so, if she had either lived, or left children.
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