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

Nokes v. Hayes [1821] NSWKR 15; [1821] NSWSupC 15

bailment, damages - cattle

Supreme Court
Field J., March 1821
Source: Sydney Gazette, 7 April 1821

This was an action for damages for the delivery of only 105 sheep, after three years keeping of 351, viz. 208 ewes and 143 wethers, under an agreement to be paid £2 per month for agistment,[?], and to be answerable for all losses, except by death. The defendant was proved to have converted to his own use, ten or a dozen at one time, and 20 or 25 at another; and, in the middle of 1818, to have had 400 or 500 of the plaintiff's sheep, besides the lambs. It appeared, that the plaintiff was likely to die at this time; and the defendant's only answer to this action was, that he had lost the rest. The Court estimated the damages upon the rate of increase of one lamb per anum, and valued all the sheep at 10 shillings. Deducting a balance of £22 for assignment, and 6 deaths proved, the verdict amounted to £462.

Published by the Division of Law, Macquarie University