Countermand
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COUNTERMAND. This word signifies a. change or recall of orders previously
given.
2. It may be express or implied. Express, when contrary orders are
given and a revocation. of the former order is made. Implied, when a new
order is given which is inconsistent with the former order: as, if a man
should order a merchant to ship him in a particular vessel certain goods
which belonged to him, and then, before the goods were shipped, he directed
him to ship them in another vessel; this would be a countermand of the first
order.
3. While the first command is unrecalled, the person who gave it would
be liable to all the consequences in case he should be obeyed; but if, for
example, a man should command another to commit a crime and, before its
perpetration, he should repent and countermand it, he would not be liable
for the consequences if the crime should afterwards be committed.
4. When a command or order has been given, and property delivered, by
which a right vests in a third person, the party giving the order cannot
countermand it; for example, if a debtor should deliver to A a sum of money
to be paid to B, his creditor, B has a vested right in the money, and unless
he abandon that right, and refuse to take the money, the debtor cannot
recover it from A. 1 Roll. Ab. 32, pl. 13; Yelv. 164 Sty. 296. See 3 Co. 26
b.; 2 Vent. 298 10 Mod. 432; Vin. Ab. Countermand, A 1; Vin. Ab. Bailment,
D; 9 East, 49; Roll. Ab. 606; Bac. Ab. Bailment, D; Com. Dig. Attorney, B 9,
c. 8; Dane's Ab. h.t.; and Command.