THE ERAUDS OF AGENTS.
Wo lately had somo comnionts on the decision of tlio Muster of the Rolls in the important iißenry rase, Wi'.lsnmsou v. Utirbour.. 'I'ho following is what the "Sydney Aforn ; o« llcrnld " has to say on tho snmo subject :— "As wo have before remarked, tho effects of this jndi»»ucn r it should be conlirmcd, will reneh very far. tt will touch small transactions ns well ns largo ones, and h ive its influence upon home trade as well as- foreign commerce. Tt is variously estimated by different wrilcrs tliat business of M'unchesfor will he affected by it to>tho nmoimt of from tyro to four millions i\ yoar. H m»y, as I 'ft correspondent in Kngland points out to us, inoluile tho enso of an auctioneer ro» (•eiving a discount upon ndvortisitifi; no« counts and net allowing it (0 his principal ("unless there bo n previous stipulation to ffil l back upon)' and tho enso of a me** ohant receiving robafo from an «v •• tionccr but not showing it in his nccoun sales. J( it bo true that tho law is tlmt specially stringent in its dealings with fiduciary agents, however serious their position may he, it can hardly bo denied tlmt it is for tho cood of society that the interests of principals should bo thus specially piotecled. An I, affor all, there is no great hardship involved. Trad> transactions should bo " fair mid squaro," ns evorybody will admit ; and there is nothing to complain of if tho law requires, iv tho case of transactions carried on l>y agents, that everything shiuld bo " above board." How uro tho principles to j idgo of tho fairness and squareness or okhcrwiso? Tbore is nothing unreason aide iv. demanding that when one man acts as paid agent for another, 110 ahull make it oleurwpon tho accounts who.thor ho looks for his remuneration to the Mipn latod coinniisHJoti which his principal agrees to pay him, or whothor he seeks if indor tho form of " picking niul slonl*
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Inangahua Times, Volume V, Issue 31, 27 March 1878, Page 2
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336THE ERAUDS OF AGENTS. Inangahua Times, Volume V, Issue 31, 27 March 1878, Page 2
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