Western v Sobey: Mr. Karslake, Q.C., and Mr. Cole for the plaintiff, instructed by Mr. Toby; Mr. Coleridge Q.C. and Mr. Kingdom for the defendant, instructed by Mr. Gidley: Mr. Cole said the plaintiff was John Wester, and the defendant was John Ferris Sobey. The declaration stated that a certain sum of money was due to the plaintiff from one Mountford, which he was required to pay, or secure; that Mountford’s wife was entitled to a certain estate, and proposed to mortgage it; that the plaintiff retained the defendant as his attorney, that the defendants accepted the retainer, but did not use proper care and diligence and induced the plaintiff to accept as security, what turned out to be of no value whatsoever; and that the defendant by the exercise of proper and reasonable care, might have ascertained that. The defendants pleaded that he did not accept the retainer, that he did use proper care and diligence, that he did not represent to the plaintiff that the security was good or induce him to accept it, and that the security was sufficient and valid. … Mrs. Mountford said something about getting money from a loan society as she had a better valuation. In consequence of a letter from Mr. Sobey on the 28th, the witness called and learned that Mr. Pinsent, a creditor for £50, wanted a second mortgage. Witness said what was the use of that, if there was not enough to pay the witness …
Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.
Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901 (?)