Open main menu

Page:Harvard Law Review Volume 2.djvu/267

This page needs to be proofread.


without any actual authority, the plaintiff may adopt and ratify his acts, and thus establish privity between him and the plaintiff.^ So if A collect a debt due to me, it has been held that I may elect whether I will compel the debtor to pay the debt to me, notwith- standing that he has paid it to A, or whether I will adopt the act of A, and compel him to account to me for the money col- lected ; ^ for, though A has received the money, yet he has not done any wrong to me, as it is not my money until it is paid to me ; and when no wrong is done to me, I may make a privity by my consent.*

If money be delivered by A to B in order that it may be de- livered by B to C,* or if it be delivered by A to B to the use of C,^ it has often been held that B will be accountable to C. If, however, he fail to deliver the money to C, he will be accountable for it to A.« 

^ *' Where a man takes upon him of his own head to be my bailiff, account lies." Bro. Abr., Accompt, pi. 8. *' If a man claims to be guardian of an infant, and is not, and enters and occupies, action of waste lies, and therefore action of account, as it seems; and contra where he enters as trespasser. Note a difference." Bro. Abr., Accompt, pi. 93. ** If a man enter into my land to my use, and receive the profits thereof, I shall have an account against him as bailiff." F. N. B. 117 A.

' ** If a man receive the rent due from my lessee for life, or my tenants, account lies against him as receiver." i Rol. Abr., Accompt (H), pi. 2. ** If a man receive my rent of my tenants without my assent, yet I shall charge him by the possession and by the receipt. Per Bryan, C. J. And so see that never his receiver to render account shall not serve in this case for him." Bro. Abr., Accompt, pi. 65; i Vin. Abr., Account (A), pi. 7, note.

  • Tottenham v, Bedingfield, 3 Leon. 2^1 per Manwood, J.
  • ** I command you to receive my rents and deliver them to Lord Dyer, he shall have

account against you; yet he did not bail the money." Per Lord Brooke, in Paschall v. Keterich, Dyer, 152, note. " If a man deliver money to you to pay to me, I shall have account for this against you." i Rol. Abr., Accompt (A), pi. 6; i Vin. Abr., Account (A), pi. 6.

  • ** A man shall have a writ of account against one as bailiff or receiver, where he was

not his bailiff or receiver; for if a man receive money for my use, I shall have an account against him as receiver; or if a man deliver money to one to deliver over to me, I shall have an account against him as my receiver." F. N. B. 116 Q. **U £10 be paid to W. N. to my use, I may have account against W. N. of it" Bro. Abr., Accompt, pi. 61. And see Cocket v. Robston, 3 Leon. 149, Cro. Eliz. 82.

  • ♦• It is a good plea that it was delivered to deliver over, to whom he hath delivered

it accordingly, because he was never accountable for it but conditionally; namely, if he did not deliver it over." 1 Rol. Abr., Accompt (M), pi. 2. " In account defendant said they were bailed to him to bail over to J. S., which he had done. Plaintiff said that, after the delivery to defendant, and before the delivery over, he commanded him to bail it to him; and a good replication by the best opinion; for by the delivery to the defend- ant, J. S. has no property in it, and therefore plaintiff may countermand it; and yet by this delivery to defendant, J. S. may have account, if it be not countermanded." Bro. Abr., Replication, pi. 65.