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Leading Cases in the Commercial Law of England and Scotland
Leading Cases in the Commercial Law of England and Scotland Author:George Ross Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Hanson holden to be in the case of Slubey v. Hey wood, 2 H. Bl. 504. Meter. Without, therefore, touching the question which has been the Juivis05 main subject... more » of argument in this case, and upon which my opinion at Nisi Prius principally turned, and without in any degree questioning the authority of the above mentioned two cases from the Common Pleas, this verdict may be sustained, on the ground that the weighing which was indispensably necessary to precede the delivery of the goods, inasmuch as it "was necessary to ascertain the price to be paid for them, had not been performed at the time when the action was brought. The verdict therefore must stand, and judgment be entered for the defendant. II.—RUGG v. MINETT. May 9,1s09. In an action for money had and received by the defendants £ to the use of the plaintiffs, a verdict was found for the plain- 11 East 209. tiffs for £1415, subject to the opinion of the Court upon the following case :— On the 28th of April 1808, the defendants, as prize agents to the Commissioners for the care and disposal of Danish property, put up to public sale by auction, at Dover, the cargo of a Danish ship in lots, and the lots No. 28 to 54 inclusive, consisted of turpentine in casks. The quantity contained in each lot being marked on the catalogue thus:—10 cwt. 3 qrs. 26 Ibs., the mode of bidding was this—each lot (except the two last, which were sold at uncertain quantities) was to be taken at the weight at which it was marked, and the bidding was to be at so much per hundredweight on that quantity. The plaintiffs employed one Acres, the warehouseman of the defendants, to bid for them, and all the lots of turpentine (with the exception of three lots, which were sold to other bidders) were knocked down to Acres so acting for the plaintiffs. N...« less