Law Notes Volume 27

Law Notes Volume 27

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...Quinn v. Leathem, (1901) A. C. 495, and National Pbonograph C0. v. Edison Bell Consolidated P/mnograph Co., Ltd., ante, p. 38, but for maintenance as well. Indeed, some attempt to bring the case within this doctrine was made. The Court of Appeal, however, held that, on the evidence, the attempt utterly broke down, and that the defendants were therefore entitled to judgment. It must follow that one may always assist a litigant where one would be liable under a contract to indemnify him if he lost, and unless such contract is void, for illegality or otherwise, its existence will always be a sufiicient common interest between the litigant and the person assisting him to prevent the latter being held liable for maintenance. To take the most obvious illustration, the insurance companies may safely assist their policy-holders, whom they have insured against risks under the Workmen's Compensation Act, 1906, to fight claims made by their employees under that Act. Another recent case of interest on this topic is Holden v. Thompson, (1907) 2 K. B. 489, in which a Divisional Court decided that, although a rich person who assists a poor person in defending a suit is induced to do so partly by reason of a common religious belief (in that case sympathy with a body known as the Kensit Crusade Society), the fact of such inducement being present does not prevent the case falling within the defence of an interest arising out of charity. It was contended that the assistance was given, not out of charity, but out of religious sympathy only. The answer, says Mr. Justice Phillimore, is that it was given out of charity and religious sympathy. "In this world of poverty the richest and most benevolent man cannot support every poor and more

Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236831039
  • 9781236831033