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Decisions of the Superior Courts of New South Wales, 1788-1899

Lord v. Atkins [1813] NSWKR 12; [1813] NSWSupC 12

goods sold and delivered - Bills of Exchange

Court of Civil Jurisdiction
Bent J.A., 19 October 1813
Source: Court of Civil Jurisdiction Proceedings, 1788-1814, State Records N.S.W, 5/1109 (case no. 375)[1]

[365] Simeon Lord of Sydney, plaintiff and Richard Atkins late of Sydney esq., defendant

Writ for the sum of ¿500 sterling for goods sold and delivered, the usual money counts and also for interest due on the same, and on an account stated etc. etc. etc.

The Provost Marshal returns for answer to this writ that he hath caused diligent search to be made for the defendant but that he cannot be found.

John Oxley esq. sworn and examined for the plaintiff, says I know from a copy of a letter from Mrs Plummers London to Mr Lord that they had arrested the defendant on hand or at the suit of Mr Lord, and discharged him on being paid a composition of so much on the farm without further prejudice to the recovery of the debt.

Thomas Casey sworn and examined for the plaintiff, says I am clerk of Mr Lord. I have been in that situation about 11 years. Some time in 1808 I furnished Mr Atkins with the account of Mr Lord against him. I saw Mr Atkins on the subject. He then admits that account. The balance then due to Mr Lord from Mr Atkins was ¿627.13. Mr Atkins gave different bills of exchange on persons in London for the amount, with a collateral security on his property in this country in case they were not honoured. I never saw those bills returned to this colony under protest. I have been told so. I think the balance of ¿627.13 was afterwards reduced to the sum of ¿437.15 by a sum of money paid defendant to the plaintiff. I believe those bills of exchange were dishonoured. I am satisfied [366] that when Mr Atkins left this colony he was in debt to Mr Lord in the sum of ¿437.15. I believe the paper now produced is a correct statement of the account as it is at present stands.

The account is produced and read.

The court, after mature deliberation adjudged that this action should be dismissed.

Note

[1] Richard Atkins left the colony for England after Ellis Bent arrived as his replacement as Judge Advocate. In this case, a former convict, Simeon Lord, sued the absent Atkins for the non-payment of a large debt incurred in Sydney.

Published by the Division of Law, Macquarie University