LAW JOURNAL REPORTS FOR THE YEAR 1865: COMPRISING REPORTS OF CASES AND IN THE COURTS OF Chancery and Appeal in Bankruptcy, Probate, Divorce and Matrimonial Causes, Admiralty, FROM MICHAELMAS TERM 1864, TO TRINITY TERM, 1865, BOTH INCLUSIVE. The House of Lords Cases are given in the Chancery and Common Law Courts respectively; Decisions THESE CASES FORM PARTS I. AND II. OF THE WORK. THE CASES RELATING TO THE POOR LAWS, THE CRIMINAL LAW AND OTHER SUBJECTS CHIEFLY THE DECISIONS IN THE PROBATE COURT, THE DIVORCE AND MATRIMONIAL CAUSES EDITED BY MONTAGU CHAMBERS, Esq. ONE OF HER MAJESTY'S COUnsel, AND FREEMAN OLIVER HAYNES, ESQ. BARRISTERS-AT-LAW. VOL. XLIII. NEW SERIES-VOL. XXXIV. LONDON: Printed by James Holmes, 4, Took's Court, Chancery Lane. PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE. MDCCCLXV. CASES ARGUED AND DETERMINED IN THE Court of Queen's Bench, REPORTED BY WILLIAM MILLS, ESQ. AND ROBERT SAWYER, Esq. BARRISTERS-AT-LAW, AND IN THE Bail Court, and Exchequer Chamber ON ERROR AND ON APPEAL FROM THE QUEEN'S BENCH, REPORTED BY FRANCIS RUSSELL, ESQ. BARRISTER-AT-LAW. CASES ARGUED AND DETERMINED IN THE Court of Queen's Bench AND IN THE Exchequer Chamber and House of Lords ON ERROR AND APPEAL IN QUEEN'S BENCH CASES. MICHAELMAS TERM, 28 VICTORIÆ. 1864. Nov. 15. STIRLING v. MAITLAND AND ANOTHER. cover 1,4497. 10s. 9d.; and at the trial, before Cockburn, C.J., at the Sittings in London after Trinity Term, 1863, a verdict "displace" from Employment - Implied opinion of the Court upon a case, which was entered for the plaintiff, subject to the Master and Servant Covenant not to Covenant. S, the agent of an insurance company, being indebted to the company, and being pressed for payment, it was arranged that the plaintiff should pay the money to the company, and that the company should appoint him and S. as joint agents, with the same rates of payment and remuneration as before. A deed was executed, containing a covenant that in case the company should at any time hereafter "displace" S. from his appointment as agent, then that they should and would forthwith repay to the plaintiff the money so paid by him. Subsequently, the company transferred the whole of their business and liabilities to another company, and refused to pay the plaintiff the money so advanced by him:-Held, in an action to recover the amount, that there was an implied covenant on the part of the company that they would not do anything of their own voluntary act, by which it should be impossible for them to keep S. in their employ any longer, and therefore that they were liable in the action by the plaintiff. The declaration was in covenant to reNEW SERIES, 34.-Q.B. was substantially as follows: The United Kingdom Life Assurance Company were established under a deed of settlement, and were registered under section 58. of the 7 & 8 Vict. c. 110. In 1842 the company, of whom the defendants were trustees, appointed A. B. Seton to be their sole agent at Glasgow. His business was to procure persons to effect policies with the company, and otherwise to bring business to the office; by way of remuneration he was to receive, and did receive, 10l. per cent. upon the first premium, and 57. per cent. on the succeeding premiums in respect of all policies effected with the said company through his introduction, and 5l. per cent. on all premiums which, by direction of the company, he might collect from them, and also an allowance of 130l. for office rent; in addition to which, the company paid the rates and taxes and other incidental expenses connected with the office. In the year 1848 they advanced to him, on loan, 2,000l., on the security of the joint and several promissory note of himself, his son and the plaintiff. In December 1852 B |