Nathaniel Lindley, Baron Lindley, (29 November 1828 – 9 December 1921) was an English judge.

Early life

He was the second son of the botanist Dr.

John Lindley John Lindley FRS (5 February 1799 – 1 November 1865) was an English botanist, gardener and orchidologist. Early years Born in Catton, near Norwich, England, John Lindley was one of four children of George and Mary Lindley. George Lindley w ...

, 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 , mottoeng = Let all come who by merit deserve the most reward , established = , type = Public research university , endowment = £143 million (2020) , budget = ...

, and the

University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 15 ...

and

University of Cambridge , mottoeng = Literal: From here, light and sacred draughts. Non literal: From this place, we gain enlightenment and precious knowledge. , established = , other_name = The Chancellor, Masters and Schola ...

in 1898 and achieved Doctor of Civil Law in

University of Oxford , mottoeng = The Lord is my light , established = , endowment = £6.1 billion (including colleges) (2019) , budget = £2.145 billion (2019–20) , chancellor ...

in 1903.

Legal career

He was called to the bar at the

Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers, the others being the Inner Temple, Gray's Inn an ...

in 1850, and began practice in the Court of Chancery. In 1855 he published ''An Introduction to the Study of

Jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...

'', consisting of a translation of the general part of

Thibaut Thibaut is a name of French origin, a form of Theobald. Surname * Anton Friedrich Justus Thibaut (17721840), German jurist * Bernhard Friedrich Thibaut (17751832), German mathematician * François Thibaut (born 1948), American educator * George ...

'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 A joint-stock company is a business entity in which shares of the company's stock can be bought and sold by shareholders. Each shareholder owns company stock in proportion, evidenced by their shares (certificates of ownership). Shareholders are ...

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''. Among his pupils were Francis William Maclean, later

Chief Justice of Bengal The Supreme Court of Judicature at Fort William in Calcutta, was founded in 1774 by the Regulating Act of 1773. It replaced the Mayor's Court of Calcutta and was British India's highest court from 1774 until 1862, when the High Court of Calcut ...

, and Frederick Pollock. He took silk in February 1872. In 1874 he was elected a bencher of the Middle Temple, of which he was treasurer in 1894

Judicial career

In 1875, he was appointed to be a Serjeant-at-law and a Justice of the Court of Common Pleas, the appointment of a chancery barrister to a common-law court being justified by the fusion of

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

and

equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...

then shortly to be brought about, in theory at all events, by the Judicature Acts. In 1875, he was

knighted A knight is a person granted an honorary title of knighthood by a head of state (including the Pope) or representative for service to the monarch, the Christian denomination, church or the country, especially in a military capacity. Knighthood ...

. In 1880 he became a justice of the

Queen's Bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of common ...

and in 1881 he was raised to be a Lord Justice of the

Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

and was sworn of the

Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...

. In 1897, Lord Justice Lindley succeeded

Lord Esher Viscount Esher, of Esher in the County of Surrey, is a title in the Peerage of the United Kingdom. It was created on 11 November 1897 for the prominent lawyer and judge William Brett, 1st Baron Esher, upon his retirement as Master of the Rolls ...

as Master of the Rolls, and in 1900 he was made a

Lord of Appeal in Ordinary Lords of Appeal in Ordinary, commonly known as Law Lords, were judges appointed under the Appellate Jurisdiction Act 1876 to the British House of Lords, as a committee of the House, effectively to exercise the judicial functions of the House of ...

with a life peerage and the title of Baron Lindley, of

East Carleton East Carleton is a village and civil parish in the English county of Norfolk. The village is located east of nearby Wymondham and south-west of Norwich. History East Carleton's name is of Anglo-Saxon and Viking origin and derives from an amalg ...

in the County of

Norfolk Norfolk () is a ceremonial and non-metropolitan county in East Anglia in England. It borders Lincolnshire to the north-west, Cambridgeshire to the west and south-west, and Suffolk to the south. Its northern and eastern boundaries are the No ...

. He resigned the judicial post in 1905. 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. Mount Lindley in Antarctica is named after him.

Family

He married Sarah Katharine, daughter of Edward John Teale of Leeds, on 5 Aug 1858. He died at home in

, near Norwich, in 1921. They had nine children, including diplomat Sir Francis Oswald Lindley and the army officer Major-General

Coat of arms

Writing

Lord Lindley published two notable works, ''Lindley on Companies'' and ''Lindley on Partnership''. The latter is still published today, as ''Lindley and Banks on Partnership'', now in its 20th edition (2017).

Cases

Company law

*''

Allen v Gold Reefs of West Africa Ltd ''Allen v Gold Reefs of West Africa Ltd'' 9001 Ch 656 is a UK company law case concerning alteration of a company's articles of association. It held that alterations could not be interfered with by the court unless the change that had been made ...

'' 9001 Ch 656 * '' Illingworth v Houldsworth''

904 __NOTOC__ Year 904 (Roman numerals, CMIV) was a leap year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * July 29 – Sack of Thessalonica (904), Sack of Thessalo ...

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 A company, abbreviated as co., is a legal entity representing an association of people, whether natural, legal or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specific, declared go ...

. *'' Salomon v A Salomon & Co Ltd''

897 __NOTOC__ Year 897 ( DCCCXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – King Lambert II travels to Rome with his mother, Queen Ageltr ...

AC 22

Contract law

*''

Allcard v Skinner ''Allcard v Skinner'' (1887) 36 Ch D 145 is a judicial decision under English law dealing with undue influence. Facts Miss Allcard was introduced by the Revd Mr Nihill to Miss Skinner, a lady superior of a Protestant religious order named "Sis ...

'' (1887) 36 Ch D 145 *''

Byrne v Van Tienhoven ''Byrne & Co v Leon Van Tien Hoven & Co'' 8805 CPD 344 is a leading English contract law case on the issue of revocation in relation to the postal rule. In it Lindley J of the High Court's Common Pleas Division ruled that an offer is only re ...

880 __NOTOC__ Year 880 ( DCCCLXXX) was a leap year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Cephalonia: A Byzantine fleet, under Admiral Nasar, is sent ...

5 CPD 344 *'' Carlill v Carbolic Smoke Ball Company'' EWCA Civ 1
892
EWCA Civ 1
[18931 QB 256, [1892">893">892
EWCA Civ 1
[18931 QB 256, [18922 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 Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared ...

*'' Parker v South Eastern Railway'' (1877) 2 CPD 416

Property

*'' Colls v Home and Colonial Stores'' (1904)

Tort

*''

Quinn v Leathem ''Quinn v Leathem'' 901UKHL 2 is a case on economic tort and is an important case historically for British labour law. It concerns the tort of "conspiracy to injure". The case was a significant departure from previous practices, and was reversed ...

901 __NOTOC__ Year 901 ( CMI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * February – King Louis III (the Blind) is crowned as Holy Roman Emperor by ...

AC 495 *''

Robinson v Kilvert ''Robinson v Kilvert'' (1889) LR 41 ChD 88 is an English tort law case concerning nuisance. It deals with what is sometimes called the issue of a "sensitive claimant". Facts A landlord’s cellar maintained an 80 °F (27 °C) temper ...

'' (1889) LR 41 ChD 88

Trusts and equity

*''

Speight v Gaunt ''Speight v Gaunt'' 883UKHL 1is an English trusts law case, concerning the extent of the duty of care owed by a fiduciary. Facts Mr John Speight, a Bradford industrialist, had appointed Mr Isaac Gaunt and Mr Alfred Wilkinson as trustees for his ...

'' (1883) 9 App Cas 1 *''

In re Whiteley is an English trusts law case, concerning the duty of care owed by a trustee when exercising the power of investment. Facts Elizabeth Whiteley and her children sued the executors of Benjamin Whiteley's will (of 19 March 1874). The will containe ...

'' (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''

898 __NOTOC__ Year 898 ( DCCCXCVIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * January 1 – King Odo I (or Eudes) dies at La Fère (Northern France) af ...

1 Ch. 465 *'' Taff Vale Railway Co v Amalgamated Society of Railway Servants''

AC 426 *'' Scottish Free Church case''

AC 515 *'' Shepheard v Broome''

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: * *

External links

* * {{DEFAULTSORT:Lindley, Nathaniel Lindley, Baron 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