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BUNN (Executor of BUNN) against Guy, and others.-
Monday, November 7.

AN agreement to relinquish to others the business of an attorney and solicitor, and permit them to use the name of the person so relinquishing business, he not intermeddling therewith, is valid in law.

Also, where there are several considerations mentioned in a deed,
though one is bad, the deed is good for the rest, unless where the
deed is rendered void by act of parliament.

THIS was a case sent for the opinion of this court out
of the high Court of Chancery, as follows:
Mr. Charles Carpenter having, before and on the 6th
of December, 1797, been an admitted and practising at-
torney and solicitor of the several courts in London,
agreed with Mr. John Bunn, since deceased, and Mr.
John Guy, who had also been previously admitted as
su ch attornies and solicitors, and were at that time prac-
tisi ng in those characters, in consideration of the sums of
money, and annuity, and other considerations after men-

VOL. I.

1808.

BUNN

versus

GUY.

1803.

BUNN versus

GUY.

tioned, to relinquish and make over his practice and business to them upon the terms and conditions specified in the articles of agreement herein after set forth. Accordingly, on the 6th day of December, 1797, by articles of agreement, duly stamped, sealed, and executed by the said Charles Carpenter, in consideration of the several sums of money and annuity herein after mentioned, to be paid and secured to him, agreed that he would, on the 25th day of the same month of December, relinquish and make over unto the said John Bunn and John Guy all benefit and advantage of his business as an attorney, solicitor, and conveyancer, so far as respected his practice in the profession of the law, within the city of Londou, and the distance of 250 miles from thence, and all the business of the said Charles Carpenter, as agent for any attorney, solicitor, or conveyancer, in this kingdom. That he the said Charles Carpenter would not, after the said 25th day of December, practice as an attorney, solicitor, or conveyancer, or as agent for any attorney, solicitor, or conveyancer, within the limits aforesaid; and that he would endeavour, by every means in his power, to influence and induce as many of the clients of the said Charles Carpenter as he could (whose business he thereby agreed to give up and relinquish) to become the clients of the said John Bunn and John Guy: that he would, by personal application, writing circular letters, or otherwise, introduce the said John Bunn and John Guy to the business of all such clients of the said Charles Carpenter as aforesaid; and also would permit them to practice as attornies, solicitors, conveyancers, or agents, under the style and firm of Carpenter, Bunn, and Guy, for the space of one year, and after the expiration of that year for one year more, (but no longer) if the said John Bunn and John Guy should deem it essential to their interests to continue so long to use the name of the said Charles Carpenter in such firm: that the said Charles Carpenter would not claim or demand any share in the profit, or advantage to arise by such business, except the advantage to be derived from attendance by the

firm of Carpenter, Bunn, and Guy, on account of or incident to any actions or suits which might be transacted for the proprietors of Drury-lane Theatre during the use of the said Charles Carpenter's name, he being indemnified against all losses and risks to arise therefrom; and that the said John Bunn and Jolin Guy should carry on such business totally independent of the said Charles Carpenter: and, in consideration of the said premises, the said John Bunn and John Guy, jointly and severally agreed with the said Charles Carpenter for the payment to him, on the said 25th day of December, of the full sum of 10001., and for effectually securing to him the further sum of 1000l. on the 25thday of June, 1800, with interest half-yearly, until the principal should be paid: and also, that they would grant and effectually secure unto the said Charles Carpenter, his executors and assigns, a clear annuity or yearly sum of 6031. for the term of seven years, to commence from the said 25th day of December, 1797, and to be payable half-yearly during such term and that they the said John Bunn and John Guy, so long as they should use the said C. Carpenter's name in the firm, would indemnify him from all losses and risks, and particularly would not draw, accept, indorse, or negociate any bill or note, or become bail or surety for any person, and that if, contrary to such agreement, they should become, or undertake to become bail, the general partnership, fund, and property of the said John Bunn and John Guy should be considered as primarily liable to make good to the said Charles Carpenter all losses and expences which he might incur by reason thereof; and all the other property of the said John Bunn and John Guy should be secondarily liable to make good the same; and it was by the said articles declared and agreed, that if the said John Bunn and John Guy should make default for twenty-one days in payment of the sum of 1000l. so agreed to be paid on the 24th day of June, 1500, or the interest thereof, or the said annuity of 6001., on the days and in the manner therein mentioned, then, and in any or either of those

1803.

BUNN

versus

Gur.

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