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![handle is hein.slavery/ssactsengr0722 and id is 1 raw text is: MORSE V. ROYAL
an action ; who employs [353] his own stationer, generally employed by him, The
client has nothing to do with the stationer, if the attorney becomes insolvent. The
client pays the attorney. The stationer therefore has no remedy against the client.
This petitioner insists, that the solicitor must be taken to be the person employ-
ing him ; to whom he is too look ; not the petitioning creditor. The solicitor,
undertaking to use out the Commission, goes to his own messenger; who, being
employed by the solicitor, has no remedy against the petitioning creditor. But
this petitioner appears to me to have decided this for himself ; having sued Sanders,
the petitioning creditor; and having obtained a note from him; which was paid.
What colour was there for proceeding against him, the solicitor being the original
undertaker; and no pretence of a joint undertaking 2 That objection, that the
solicitor employed the messenger, the petitioning creditor not going near him,
but being a total stranger, the messenger therefore being to look to the solicitor
only, does not lie here ; this petitioner having considered the petitioning creditor
as his debtor ; which could not be, if the messenger had been employed by the
solicitor. It is not necessary therefore to decide the general question.
As to the jurisdiction, I should regret to find, I have no jurisdiction. The party
suing out a Commission under the authority of the Great Seal, employing the
messenger, either himself, or by his solicitor, to give it effect, giving a bond to the
Great Seal, and responsible to the Great Seal for the due prosecution of the Com-
mission, I have no doubt of the jurisdiction. The solicitor, if responsible in any
degree, will be responsible, not only for the fees, [354] but also for all the conse-
quences ; as it was his duty to direct the messenger to withdraw ; for I will not
put the messenger in a situation of such responsibility. The solicitor must also
account, if he has any money of Sanders's in his hands. Let him make an affidavit
as to that.
April 22d. The Lord Chancellor [Erskine]. The point of jurisdiction is clear.
Taking it to be admitted, or established, that a solicitor takes out a Commission
of bankruptcy, or does any other act in the administration of the justice of the
Court, and, to carry into effect that process, whether a Commission of bankruptcy,
or of any other description, employs a person, who is an officer of the Court, who
has a demand upon him, specific, and liquidated, or capable of being ascertained
by taxation, I would compel the solicitor to pay that money ; as the Courts of Law
constantly compel attorneys to pay money, manifestly due from them to persons
engaged in executing the business of the Court. The difficulty is, that this demand
cannot be clearly ascertained upon affidavit; but ought to be the subject of an
action ; which this petitioner may bring against the solicitor.
If it was necessary to give an opinion upon the abstract question, independent
of the circumstances of this case, which is embarrassed by the note, taken from the
petitioning creditor by the petitioner, there is, I think, great reason to suppose
the solicitor liable in general, upon this ground. He is applied to by a person,
proposing to be the petitioning creditor in a Commission of Bankruptcy, perhaps
at a considerable distance. The messenger has no means of 'informing himself
about [355] that person and his solvency. The solicitor is bound by duty as well
as interest to see, that the subject is proper for a Commission, that the party
is solvent ; and that under all the circumstances the Commission ought to be sued
out ; and he looks to his principal.(I)
(1) In Hartop v. Juckes, 2 Maule & Selw. 438, and 2 Rose Bank. Ca. 263, it was
held, that the solicitor is not to be regarded in general as the principal.
MORSE v; ROYAL. Feb. 28th, March 1st, 3d, 4th, 6th, and 8th, 1806.
[See Plowright v. Lambert, 1885, 52 L. T. 653.]
Purchase by a trustee from the Cestui que trust established under circumstances
with confirmation and acquiescence. Answer of one Defendant not evidence
against another. As to the Answer of a mere Trustee, against whom the Plaintiff
does not desire a personal decree, Qnare.
The object of this bill was to set aside a purchase, by a trustee, under the follow-
ing circumstances:
12 VES. JUN. 353.](ViewImageLocal?handle=hein.slavery/ssactsengr0722&div=1&collection=&method=preview&ext=.png&size=3)