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

Campbell v. Cooper [1829] NSWSupC 33

sale of goods, sale by sample - promissory notes

Supreme Court of New South Wales

Trial, June 1829[1 ]

Source: Dowling, Select Cases, Vol. 2, Archives Office of N.S.W., 2/3462

[pp 181-182] [Where Plaintiff sold a quantity of wheat and Defendant gave his bills payable at different dates and paid money on accounts Held in an action for the balance that the Defendant was not at liberty to go into evidence that the wheat did not correspond with the sample by which it was sold, and that the Defendant thereby sustains a loss.]

[p. 181] Campbell v Cooper

Assumpsit on various promissory notes.  Account for goods sold and delivered and Interest

Wentworth opens

In Sept last Plaintiff sold Defendant Wheat £4 350.3.6. V.D.L. wheat Valparaise wheat in the Tiger for which Plaintiff gave various notes one £2,500. £178.15.1. £500. [p. 182] 2nd January £300 - 9.£200.£250.£15.1.£300-9-£250. gave a written order lately £4358. residue

23rd October 1828 2,000£ on account of residue various payments 24th October 1,000£-5-

15 Jan -26. within mere balance of 44£

Defendant after credits is 1563£.-

Wm Goodwin

I am clerk to Robert Campbell Junior and was so at the time this transaction took place in Sept 1828.  At that time Plaintiff sold to Defendant 4,300£ in valparaiso Wheat to be paid for on 23rd October 2,000£ in cash various bills were given for part of Money and the residue in cash on 28th Oct.

Looks at Bills

These are the bills given by Defendant I know Defendants writing.

These are Mr Cooper's signatures sworn in m own handwriting some are promissory notes some acceptances.  2,800£ in bills put [p. 183] and read.

I know that this wheat was delivered to Mr Cooper 16 bushels at that time - we sold frequently at that time 20/s a bushel

The Tiger brought the wheat I did not assist in measuring.  There was a sample.  I did see what was delivered.  The sample was fine bright wheat.  It was very good.  The sample was a small bag, taken indiscriminately.

Septemus Cucluis. In Sept last I was in the employment of Plaintiff and had delivery of a Cargo of wheat to Defendants.  I delivered it to Defendants Carters 5447 bushels 43 lbs at 16/per Bus I brought the sample from the ship.  The mate gave it me.  It was taken indiscriminately from a bag.  What I saw of the bulk it was as good as that sample.  It was very fine wheat.  It was delivered in bags it was put in bags in the vessel and brought on the wharf in these bags I saw none inferior.

[p. 184] Intent admitted

Interest & allis £1563.4.3.

=

Defence

Mr Moore

Wheat not answering sample

Verdict for Plaintiff

£1563.4.3.

 

Notes

[1 ] From its position in the notebook, it is likely that this trial took place between 13 and 17 June 1829.

For another sale of goods case, this time turning on the meaning of "fine flour" and evidence of sale by sample, see Hansey v Girard,1830.

Published by the Division of Law, Macquarie University