BELL v. ROWE

26 VLR 511·Supreme Court of Victoria (Full Court)
26 VLR 511
26 VLR 511
BELL v. ROWE Supreme Court of Victoria (Full Court)
MADDEN, C.J., HOLROYD, A’BECKETT, and HOOD, JJ. December 5, 6, 7, 10, 1900. March 5, 06 March 1901 Mortgage — Payment by mortgagor to mortgagee's solicitors — Authority of solicitors to receive mortgage money — Implied authority — Embezzlement by a partner in a firm of solicitors — Liability of co-partners — Joint debt — Rights of joint creditors — Liabilities of joint creditors — Transfer of Land Act 1890 (No. 1149), ss. 92, 121, 123, 124, 131 and Schedule xii. — Mortgage — Covenant to repay — Effect of discharge of mortgage .

In January 1891 the plaintiff J. B. and one C. E. G., who were the then trustees of the estate of one B. deceased, lent to the defendant R. the sum of 40,000l. upon mortgage security of certain land under the Transfer of Land Act 1890. C. E. G. and one J. H. G. were members of the firm of T. & Co., who were appointed as solicitors on behalf of B.’s estate aforesaid and for a period of years carried out the whole of the business and financial transactions of the estate, and in whose books the accounts of the estate were kept. The plaintiff J. B. left the whole of the active management of B.’s estate to C. E. G.

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