HN10/277/Hammond30

Brief to John Thomas Green's counsel to attend Mr.Justice Chitty in chambers issued by Robins, Burges, Hay, Waters & Lucas of 9 Lincoln's Inn Fields, agents for Frederic Thomas Tanqueray regarding the 72/10/- account, noting: - matter had come before the Vacation Chief Clerk who drew up the order [see HN10/277/Hammond17], Mr.Justice Chitty's clerk adding the need for an enquiry; - Chief Clerk had decided that the account should be taken, with rests and it was believed that Ann Hammond would contend that the 100 further advance should be disallowed or no interest be allowed on it, though no evidence against Green's affidavit had been filed; - Hammond had contended that Green was mortgagee in possession and Berry Christian his agent but Green contended that, even if this were so, he did not go into possession before he had to make payments to a greater amount than rents and that Christian was Hammond's agent, payments made by Christian to Green coming, in fact, from Hammond "it is submitted by Mr.Green that as a mortgagee is not bound to receive his money in dribblerts, the proper way to take the account is that the total amount paid to him should be deducted from the total amount due to him"; - Chief Clerk considered that rests should be taken because receiving rents from Christian made Green mortgagee in possession and that Green, being a continued solicitor, was bound to reduce any balance due to him by amounts received; - if the account was taken with rests it would make a very considerable difference to Green both in terms of money due and costs; - counsel was requested to appear for Green and contend that the account should not be taken with rests and, if the Judge decided that rests should be taken, that interest should be allowed to Green on all payments made by him; - note on front from E.S.Ford (counsel) "Allow interest on 100 as on a further advance"

30 Jun 1887

From: 1887 To: 1887

item

Green, John Thomas,
Chitty,
Robins, Burges, Hay, Waters & Lucas,
Tanqueray, Frederic Thomas,
Hammond, Ann,
Christian, Berry,
Ford, E.S.

legal papers, John Thomas Green, judges, Frederic Thomas Tanqueray, Burges Robins, Hay, Waters & Lucas, specific solicitors, words, Chancery