Sherlock v Thompson

• Jurisdiction: Ireland
• Judgment Date: 14 January 1850
• Date: 14 January 1850
• Court: Queen's Bench Division (Ireland)

Queen's Bench

SHERLOCK

and

THOMPSON.

386 CASES AT LAW. H. T. 1850. me for decision, those cases shall govern me, but no further ;" and. Queen' sBench adds, "I cannot subscribe to the doctrine laid down by these autho QUINN rities ; I shall certainly never lend my assistance to extend it." v. 'WILSON. Smith v. Thomas (a) ; Whittington v. Gladwell (b) ; Southey v. Deering (c). Andrews replied. BLACKBURNE, C. J. The Court are of opinion that this demurrer must be overruled. The plaintiff has given a certain meaning to the slander in the declaration, and that cannot now be repudiated. Demurrer overruled. (a) 2 Scott, 556. (b) 5 B. & C. 181. (c) 1 Exch. 196. SHERLOCK v. THOMPSON. ROGERS moved, on behalf of the defendant, that all further proceedÂings in this cause be stayed, on the ground that the action had been commenced and prosecuted without the authority or knowledge of the plaintiff; or that the defendant be at liberty to lodge the amount of the policy of insurance for recovery of which the action was brought, to abide the order of this Court in relation thereto ; and that all further proceedings be stayed, the defendant undertaking to pay the costs of the action up to the present time. The action had been brought by the party effecting the insurance ; but prior to the bringing of the action he had become incapable of conducting his affairs, from an attack of paralysis. The Company are willing to pay the sum claimed, if there be any person capable of giving a discharge. ceedings respecting this policy; and although subsequent thereto and v. prior to the bringing of the action the plaintiff became incapable of THOMPSON. giving an authority to an attorney to act for him, yet we submit that once having authorised the attorney to act in this transaction, that authority still subsists, notwithstanding his incapacity ; and this Court will presume that its officer instituted the proceedings rightly, and had sufficient authority so to do. BLACKBURNE3 C. J. It is difficult to call on us to say there is a continuing authority. We do no prejudice by complying with this...