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

Levey v Bennett [1826] NSWSupC 76

goods sold and delivered - sale of goods, unmerchantable - promissory note, defences

Supreme Court of New South Wales

Stephen J., 12 December 1826

Source: Sydney Gazette, 16 December 1826

 

This was an action on a promissory note, and also for goods sold and delivered.  The defendant pleaded the general issue.

The cause of an action was, a quantity of glass sold by the plaintiff to the defendant, and for which three promissory notes were given in payment.  Witnesses were called, who proved the delivery and also the demand.  The defence set up was, that the defendant had not occasion to open the boxes until after one out of the three notes had been paid, when it was discovered that so large a quantity of the glass was broken as to render it unmerchantable, and that he was, in consequence, entitled to an allowance.  The Court ruled, however, that the defendant, not having examined the glass when he made the purchase, was liable to the risk.  Verdict for the plaintiff, £32 sterling.

Published by the Division of Law, Macquarie University