Nathaniel Lindley, Baron Lindley

{{Short description|English judge (1828–1921)}} {{Use British English|date=August 2011}} {{Use dmy dates|date=August 2020}} {{Infobox officeholder | honorific_prefix = The Right Honourable | name = The Lord Lindley | honorific_suffix = {{Post-nominals|country=GBR|size=100%|PC|KC|FRS|FBA}} | image = LordLindley cropp.jpg | alt = | caption = | office1 = | office2 = Master of the Rolls | term_start2 = 19 October 1897 | term_end2 = 9 May 1900 | predecessor2 = The Lord Esher | successor2 = The Lord Alverstone  | birth_name = Nathaniel Lindley | birth_date = {{Birth date|df=y|1828|11|29}} | birth_place = Acton Green, London, England | death_date = {{Death date and age|df=y|1921|12|9|1828|11|29}} | death_place = | citizenship = United Kingdom | party = | other_party =  | height =  | spouse = | partner =  | relations = | children = | parents = John Lindley | education = University College School | alma_mater = University College London | occupation = | profession = | predecessor = The Lord Morris | office = Lord of Appeal in Ordinary | term_start = 10 May 1900 | term_end = 2 December 1905 }} '''Nathaniel Lindley, Baron Lindley''', {{Post-nominals|country=GBR||PC|KC|FRS|FBA|sep=,|size=100%}} (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>{{London Gazette |issue=23825 |date=6 February 1872 |page=466}}</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">{{London Gazette |issue=24211 |date=25 May 1875 |page=2773}}</ref><ref name="EG8584">{{London Gazette |issue=8584 |date=28 May 1875 |page=349 |city=e}}</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>{{London Gazette |issue=24209 |date=18 May 1875 |page=2681}}</ref><ref>{{London Gazette |issue=8582 |date=21 May 1875 |page=333 |city=e}}</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>{{London Gazette |issue=25033 |date=1 November 1881 |page=5353}}</ref> and was sworn of the Privy Council.<ref name=Hugh/><ref>{{London Gazette |issue=25050 |date=20 December 1881 |page=6757}}</ref>

In 1897, Lord Justice Lindley succeeded Lord Esher as Master of the Rolls,<ref name=Debrett/><ref>{{London Gazette |issue=26903 |date=26 October 1897 |page=5869}}</ref><ref>{{London Gazette |issue=10931 |date=29 October 1897 |page=1026 |city=e}}</ref> and in 1900 he was made a Lord of Appeal in Ordinary<ref name="LG27192">{{London Gazette |issue=27192 |date=15 May 1900 |page=3070}}</ref><ref name="EG11198">{{London Gazette |issue=11198 |date=18 May 1900 |page=494 |city=e}}</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>{{Cite web |author=RS|url=http://www2.royalsociety.org/DServe/dserve.exe?dsqIni=Dserve.ini&dsqApp=Archive&dsqCmd=Show.tcl&dsqDb=Persons&dsqPos=1&dsqSearch=%28Surname%3D%27lindley%27%29|title=The Royal Society: Library and Archive catalogue: surname Lindley|access-date=10 July 2011}}{{dead link|date=March 2017}}</ref> He died at home in East Carleton, near Norwich, in 1921.{{sfn |''The Royal Society''| 1921}} They had nine children, including diplomat Sir Francis Oswald Lindley and the army officer Major-General John Lindley.<ref>{{cite web|url=http://www.cracroftspeerage.co.uk/lindley1900.htm|title=Lindley, Baron (UK, 1900 - 1921)|publisher=Cracrofts Peerage|access-date=9 June 2020}}</ref>

==Coat of arms== {{Infobox COA wide |image = centre|150px centre|200px |escutcheon = Argent, on a Chief nebuly Azure, a Quatrefoil between two Griffin’s Heads erased Argent. |supporters = Dexter: a Griffin wings elevated Argent, standing on a Fasces proper. :Sinister: a Pelican wings elevated Argent, vulning herself and standing on a Fasces proper. |crest = In front of a Pelican in her piety Argent, vulning herself proper, and charged with a Pheon point downwards Or, three Quatrefoils fesswise Or. |badge = |motto = '''SIS FORTIS''' (''May you be brave'') |symbolism = }}

==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] [https://www.bailii.org/ew/cases/EWCA/Civ/1892/1.html 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'' ([https://archive.org/details/anintroductiont05lindgoog William Maxwell, 1855])

==Notes== {{Reflist|30em|refs=<ref name=Debrett>{{harv|Hesilrige|1921}}</ref><ref name=Hugh>{{harv|Chisholm|1911}}</ref>}}

==References== * {{cite web |title=Lindley & Banks on Partnership - 9780414023758 - SWEET & MAXWELL |website=Law Books - Sweet & Maxwell the Law Books and Law Journals Professionals |date=2 December 2016 |url=http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=558582&recordid=5038 |ref={{sfnref|Law Books - Sweet & Maxwell the Law Books and Law Journals Professionals|2016}} |access-date=5 March 2017}} * {{cite web |title=DServe Archive Catalog: Election ballot to the Royal Society; Lindley: Nathaniel (1828–1921); Baron Lindley Elected 1898 |website=The Royal Society |date=9 December 1921 |url=https://collections.royalsociety.org/DServe.exe?dsqIni=Dserve.ini&dsqApp=Archive&dsqCmd=Show.tcl&dsqDb=Catalog&dsqPos=45&dsqSearch=%28%28text%29%3D%27Lindley%27%29 |id=Ref num: EC/1898/01 |ref={{sfnref|The Royal Society|1921}} |access-date=5 March 2017}}

'''Attribution:''' *{{EB1911|wstitle=Lindley, Nathaniel Lindley, Baron |volume=16 |page=719}} *{{cite book | last=Hesilrige | first=Arthur G. M. | year=1921 | title=Debrett's Peerage and Titles of courtesy | url=https://archive.org/details/debrettspeeraget00unse/page/565 | location=160A, Fleet street, London, UK | publisher=Dean & Son | page=565 }}

==Further reading== *{{cite book |last=Pine |first=L. G. |year=1972 |title=The New Extinct Peerage 1884–1971: Containing Extinct, Abeyant, Dormant and Suspended Peerages With Genealogies and Arms |location=London, U.K. |publisher=Heraldry Today |page=178}}.

==External links== {{Wikiquote}}

* {{Hansard-contribs|mr-nathaniel-lindley|Lord Lindley}} * {{NPG name|55138|Nathaniel Lindley, Baron Lindley}} {{Commons category|Nathaniel Lindley, Baron Lindley}}

{{s-start}} {{s-legal}} {{succession box | title=Master of the Rolls | before=Viscount Esher | after=Lord Alverstone | years=1897–1900}} {{s-end}}

{{DEFAULTSORT:Lindley, Nathaniel Lindley, Baron}} Category:1828 births Category:1921 deaths Category:Law lords Category:20th-century English judges Category:People from Acton, London Category:People educated at University College School Category:Serjeants-at-law (England) Category:Members of the Middle Temple Category:Queen's Bench Division judges Category:Masters of the Rolls Category:Members of the Judicial Committee of the Privy Council Category:Justices of the common pleas Category:Common Pleas Division judges Category:Fellows of the British Academy Category:Members of the Privy Council of the United Kingdom Category:Knights Bachelor Category:Life peers created by Queen Victoria Category:19th-century English judges Category:Alumni of the UCL Faculty of Laws Category:British fellows of the Royal Society