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Barnes v Addy
''Barnes v Addy'' (1873–74) LR 9 Ch App 244 is an English trusts law case of the Court of Appeal in Chancery before it was abolished. It concerns breach of trust and receipt of trust property. It stated some general principles in relation to liability for receipt of property that was misapplied in breach of trust, and liability of people who assist a breach of trust. It required that people receive property for their own use and benefit before they could be liable for receipt. However, the principles it stated, though still applied in some common law courts, have been significantly revised in House of Lords cases such as ''Royal Brunei Airlines v Tan'' and ''Dubai Aluminium Co Ltd v Salaam''.
==Facts==
Henry Barnes appointed William Crush, John Lugar and John Addy to be testators and executors of his will. His money would be invested and then used as a £100 annuity for his widow, Ann, and his three daughters and son. John Addy, the sole remaining trustee, appointed another trustee, with an indemnity. Addy’s solicitors, including Mr William Duffield, had advised against appointing a sole trustee, but drew up the deeds of appointment and indemnity, introduced him to a stockbroker, and the broker transferred the trustee money. This trustee misapplied the trust property and became bankrupt. The children sued Addy and the solicitors.
Mr Lindley QC appeared for Mr Duffield. Wickens VC held the trustee and solicitors were not liable.
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