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

Australian Agricultural Company v. Adams [1827] NSWSupC 20

contract, breach of, master and servant

Supreme Court of New South Wales

Stephen J., 22 March 1827

Source: Sydney Gazette, 24 March 1827

 

THURSDAY, 22nd. --- The Australian Agricultural Company, against John Adams.

This was an action for breach of contract by the defendant, who was an indented servant of the Australian Agricultural Company.[1 ]

Mr. John Grimsey Dawson proved, that he was witness to the indenture produced, being signed by the defendant on his part, and by Robert Dawson, Esq. as Agent for the Agricultural Company.

J. M. Slade Esq. stated, that he paid the defendant £10, on account of his wages, in Sydney, which was afterwards deducted on finding, that so much was not due to him, from the Company.  He also directed the defendant to proceed to Port Stephen, which he refused to do.

Mr. Norton, for the plaintiff, closed his case here.

Mr. W. C. Wentworth took several legal objections on the part of the defendant, which, being replied to by Mr. Norton, His Honor, Mr. Justice Stephen, summed up, and told the Jury, that no evidence whatever appeared to shew, that Mr. Slade, upon whose testimony, the refusal to fulfil his engagement by the defendant was intended to be established, was connected with Australian Company, as Agent, or in any situation whatever so as to make the defendant, at all liable to conform to his directors.  The Assessors might know, and His Honor might also know within themselves, the connexion which Mr. Slade had with the Company; but there was no evidence on oath of the fact, and the Jury were bound to decide only upon the testimony brought before them.  For this, together with other reasons stated by His Honor, he was of opinion that the verdict should be for the defendant.  The Assessors returned a verdict accordingly.

Notes

[1 ] See also Adams v. Dawson, March 1827.

Published by the Division of Law, Macquarie University