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1897 Supreme(Mad) 197

Jagapathy Mudaliar – Appellant
Versus
Ekambara Mudaliar – Respondent


JUDGMENT

1. We are unable to accept the view taken by the District Munsif. In England no doubt, as urged for the plaintiff, an attorney, though he has not obtained express authority from his client for the purpose, has yet power to enter into a compromise on behalf of the latter. However, as pointed out in the note to Section 24 of Story on Agency (9th edition, page 27), such power has given rise to much litigation in England., It is not surprising, therefore, that even many of the American Courts administering the English Common Law have declined to follow the English rule referred to. It is true that in the note in Story, cited above, it is said that the American decisions on the point generally agree with those of the English Courts. But the accuracy of that observation has been questioned in Levy v. Brown where the Court says:-"In the elaborate note to Section 24 in Story on Agency and also in Wharton on Agency, Section 592, it is said that the American rule is the same as the English. If these learned authors mean to say that a majority of the American courts recognize an inherent right in the attorney to compromise the original demand placed in his hand, so as to receive in fu


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