Privy Council Court October 1936 Judgments

James Eggay Taylor Vs. United Africa Co., Ltd.

Court: Privy Council

LORD MAUGHAM: This appeal has taken a somewhat unfortunate course. It is an appeal from a judgment of the West African Court of Appeal setting aside a judgment of the Divisional Court sitting at Cape Coast Castle. The action was one by the United African Company, Limited, the respondents in the appeal, against a person who had been employed as agent for them for some years, based upon his negligence in carrying out his duties under a written contract, dated 30th July 1933, that is, his breach of his contractual liabilities under that contract, and it also was based to some extent upon the fact that under Cl. 3 of the written contract he was responsible for any deficiency as regards goods and moneys received at the factory of which he was in charge, due directly or indirectly to his act, neglect, or default. There is absolutely nothing in the statement of claim, which was amended in due course on an application by the defendant, which suggested any sort of fraud on the part of the agent...

Permanent Trustee Company of New South Wales, Ltd.and Another Vs. Fran ...

Court: Privy Council

LORD RUSSELL OF KILLOWEN: In this case their Lordships have to advise His Majesty in relation to an appeal by the executors of one Bertram Murray, deceased and a cross-appeal by one Francis Henry Bridgewater, in an action instituted for the purpose of setting aside a sale by Bridgewater to Murray of Bridgewater's expectant interests under certain wills. Murray was a money-lender who carried on business at Sydney. Bridgewater is a young Englishman who was born on 29th September 1906, and who at the age of 17 arrived in South Australia as an assisted emigrant. For some three or four years he drifted about from one job to another in South Australia and Victoria. Eventually he arrived in Sydney at the end of the year 1927, with about 2 in his pocket. He had however also a letter (dated 4th October 1927) which he had received from an uncle in England, in which references were made to his interests under the wills of his father and his grandfather. Armed with this letter he went to see Murra...

Attorney-general of New Zealand Vs. New Zealand Insurance Co., Ltd. an ...

Court: Privy Council

Reported in: AIR1937PC8

LORD MACMILLAN: The late Mrs. Catherine Smith of Auckland in her will dated 23rd December 1930, dealt with her residuary estate as follows : As to the rest, residue and remainder of my real and personal property of whatsoever kind and wheresoever situated (including all money or property bequeathed or devised as aforesaid where such bequest or devise shall have lapsed) I direct my Trustee to apply the same in making other bequests towards institutions, societies or objects established in or about Auckland aforesaid for charitable, benevolent, educational or religious purposes and my Trustee may benefit such institutions, societies or objects and in such amounts or amount as it in its absolute discretion shall deem advisable. The testatrix died on 12th August 1933, and the net value of the residue of her estate was between 80,000 and 90,000. The sole question for determination is whether the residuary bequest above quoted is valid and effectual. Herdman, J. in the Supreme Court of New Z...