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

Campbell v. Lowrie [1814] NSWKR 8; [1814] NSWSupC 8


Court of Civil Jurisdiction
Bent J.A., 2 August 1814
Source: Court of Civil Jurisdiction Proceedings, 1788-1814, State Records N.S.W, 5/1111-64

John Thomas Campbell of Sydney Esq Plaintiff
John Lowrie of Sydney dealer, D'Arcy Wentworth Esq and Alexander Riley Esq of Sydney defendants.
Writ for £450 for principal and interest due on a certain bond dated 3 March 1813 and entered into by the defendants to the said John Thomas Campbell in the pnat sum of £756 7s condition for the payment of the sum of £378.3.6 [?] interest on a day in our past.
Mr Michael Robinson appears under power for the plaintiff.
Mr G. Charters appears under power for the defendants and pleads the General issue.
The plaintiffs agent produces the said Bond.
Michael Robinson
Sworn says : I am one of the subscribing witnesses to the bond. It was signed sealed and delivered by the several defendants in my presence. I applied to Lowrie for the defendant for payment of it, some time after it was due, in the month of March last. I then applied to the other two defendants & told them I had been to Lowrie; they [?] for again to him. I told them I had been to Mr Lowrie who said he would pay it provided I would give him a proper security [?] They said they had nothing to do with it, you must go to Mr Lowrie.
Cross examined says: This bond was given in consideration of another that was given up and the time of payment being extended for another year at the request of Mr Lowrie. I believe the consideration of the first was in consequence of some goods coming to this Colony for Mr Richard Atkins who had left the Colony before their arrival, and the Governor directed them to be given to Mr Lowrie on his giving bond for the payment. Mr Campbell is delegated by the Governor to take charge of this property of Mr Atkins. I rather think Mr Lowrie was a prisoner when he executed the first Bond. I know of no other power that Mr Campbell has that which is expressed in the Bond. The several letters and papers now shewn me are of the land entity of the Secretary and of his Excellency the Governor.
The plaintiff's case is closed, the Bond being first read. The Defendants answer is read in reply and the several letters produced by the deft agent and proved by Michael Robinson.
The Court upon consideration gives Judgement for the Plaintiff.
Damages £421.0.6, Costs £2.18.10
The defendant interposes notice of appeal on this case.

Published by the Division of Law, Macquarie University