Nathaniel Lindley, Baron Lindley
Template:Short descriptionTemplate:Use British EnglishTemplate:Use dmy dates Template:Infobox officeholder Nathaniel Lindley, Baron Lindley, Template:Post-nominals (29 November 1828 – 9 December 1921) was an English judge.
Early life
He was the second son of the botanist Dr. John Lindley,<ref name=Debrett/> born at Acton Green, London. From his mother's side, he was descended from Sir Edward Coke. He was educated at University College School, and studied for a time at University College London, and the University of Edinburgh and University of Cambridge in 1898 and achieved Doctor of Civil Law in University of Oxford in 1903.<ref name=Debrett/><ref name=Hugh/>
Legal career
He was called to the bar at the Middle Temple in 1850,<ref name=Debrett/> and began practice in the Court of Chancery. In 1855 he published An Introduction to the Study of Jurisprudence, consisting of a translation of the general part of Thibaut's System des Pandekten Rechts, with copious notes. In 1860 he published in two volumes his Treatise on the Law of Partnership, including its Application to Joint Stock and other Companies, and in 1862 a supplement including the Companies Act 1862. This work has since been developed into two textbooks well known to lawyers as Lindley on Companies and Lindley on Partnership.<ref name=Hugh/> Among his pupils were Francis William Maclean, later Chief Justice of Bengal, and Frederick Pollock.
He took silk in February 1872.<ref>Template:London Gazette</ref> In 1874 he was elected a bencher of the Middle Temple, of which he was treasurer in 1894<ref name=Hugh/>
Judicial career
In 1875, he was appointed to be a Serjeant-at-law<ref name="LG24211">Template:London Gazette</ref><ref name="EG8584">Template:London Gazette</ref> and a Justice of the Court of Common Pleas,<ref name="LG24211"/><ref name="EG8584"/> the appointment of a chancery barrister to a common law court being justified by the fusion of common law and equity then shortly to be brought about, in theory at all events, by the Judicature Acts.
In 1875, he was knighted.<ref>Template:London Gazette</ref><ref>Template:London Gazette</ref> In 1880 he became a justice of the Queen's Bench and in 1881 he was raised to be a Lord Justice of Appeal<ref name=Debrett/><ref>Template:London Gazette</ref> and was sworn of the Privy Council.<ref name=Hugh/><ref>Template:London Gazette</ref>
In 1897, Lord Justice Lindley succeeded Lord Esher as Master of the Rolls,<ref name=Debrett/><ref>Template:London Gazette</ref><ref>Template:London Gazette</ref> and in 1900 he was made a Lord of Appeal in Ordinary<ref name="LG27192">Template:London Gazette</ref><ref name="EG11198">Template:London Gazette</ref> with a life peerage and the title of Baron Lindley, of East Carleton in the County of Norfolk.<ref name="LG27192"/><ref name="EG11198"/> He resigned the judicial post in 1905.<ref name=Hugh/>
Prior to the 1875 reforms, the appointment of serjeants-at-law had already declined, but common law judges could only be appointed from amongst the serjeants-at-law, so it was customary for any appointee who was not yet a serjeant to be appointed a serjeant immediately prior to being appointed a judge. As the requirement for common law judges to be serjeants was abolished shortly after, Lord Lindley became the last serjeant-at-law appointed, and the last judge to wear the serjeant's coif, or rather the black patch representing it, on the judicial wig.<ref name=Hugh/>
Mount Lindley in Antarctica is named after him.
Family
He married Sarah Katharine, daughter of Edward John Teale of Leeds, on 5 Aug 1858.<ref name=Debrett/><ref name=Hugh/><ref>Template:Cite webTemplate:Dead link</ref> He died at home in East Carleton, near Norwich, in 1921.Template:Sfn They had nine children, including diplomat Sir Francis Oswald Lindley and the army officer Major-General John Lindley.<ref>Template:Cite web</ref>
Coat of arms
Writing
Lord Lindley published two notable works, Lindley on Companies and Lindley on Partnership.<ref name=Hugh/> The latter is still published today, as Lindley and Banks on Partnership, now in its 21st edition (2022).
Cases
Company law
- Allen v Gold Reefs of West Africa Ltd [1900] 1 Ch 656
- Illingworth v Houldsworth [1904] AC 355, on floating charges
- Isle of Wight Rly Co v Tahourdin (1884) LR 25 Ch D 320 - a UK company law case on removing directors under the Companies Clauses Act 1845.
- Salomon v A Salomon & Co Ltd [1897] AC 22
Contract law
- Allcard v Skinner (1887) 36 Ch D 145
- Byrne v Van Tienhoven [1880] 5 CPD 344
- Carlill v Carbolic Smoke Ball Company [1892] EWCA Civ 1, [1893] 1 QB 256, [1892] 2 QB 484 (QBD) - an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms.
- Creen v Wright (1875–76) LR 1 CPD 591
- Foakes v Beer (Lindley sitting in the Court of Appeal) [1884] UKHL 1, [1881-85] All ER Rep 106, (1884) 9 App Cas 605; 54 LJQB 130; 51 LT 833; 33 WR 233 - a leading case from the House of Lords on the legal concept of consideration
- Parker v South Eastern Railway (1877) 2 CPD 416
Property
- Colls v Home and Colonial Stores (1904)
- Chatenay v Brazilian Submarine Telegraph Company Ltd [1891] QB 79 - choice of law in relation to transactions under foreign powers of attorney
Tort
- Quinn v Leathem [1901] AC 495
- Robinson v Kilvert (1889) LR 41 ChD 88
Trusts and equity
- Speight v Gaunt (1883) 9 App Cas 1
- Learoyd v Whiteley (1886) 33 Ch D 347, 355
Other
- Knox v Gye (1872)
- In re Addlestone Linoleum Co (1887) 37 Ch D 191
- South Hetton Coal Co v Haswell, Shotton and Easington Coal and Coke Co [1898] 1 Ch. 465
- Taff Vale Railway Co v Amalgamated Society of Railway Servants [1901] AC 426
- Scottish Free Church case [1904] AC 515
- Shepheard v Broome [1904] AC 342
Books
- Nathaniel Lindley, An Introduction to the Study of Jurisprudence; Being a Translation of the General Part of Thibaut’s System des Pandekten Rechts (William Maxwell, 1855)
Notes
References
Attribution:
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Further reading
External links
Template:S-start Template:S-legal Template:Succession box Template:S-end
- Pages with broken file links
- Wikipedia articles incorporating text from the 1911 Encyclopædia Britannica
- 1828 births
- 1921 deaths
- Law lords
- 20th-century English judges
- People from Acton, London
- People educated at University College School
- Serjeants-at-law (England)
- Members of the Middle Temple
- Queen's Bench Division judges
- Masters of the Rolls
- Members of the Judicial Committee of the Privy Council
- Fellows of the Royal Society
- Justices of the common pleas
- Common Pleas Division judges
- Fellows of the British Academy
- Members of the Privy Council of the United Kingdom
- Knights Bachelor
- Life peers created by Queen Victoria
- 19th-century English judges
- Alumni of the UCL Faculty of Laws