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

Brown v Raine [1831] NSWSupC 15; sub nom. Brown v. Raine (No. 1) (1831) NSW Sel Cas (Dowling) 887

damages, amendment of jury assessment of

Supreme Court of New South Wales

Forbes C.J., Stephen and Dowling JJ,[1 5 February 1831

Source: Dowling, Select Cases, Archives Office of N.S.W., 2/3466

[p. 51] [Where in the mere calculation of the amount of a verdict, the Jury had omitted a sum which it was agreed on all hands the Plaintiff ought to have recovered the Court allowed the verdict to be amended on the record by adding the omitted sum without sending the case to another Jury.]

February 5th 1831

Brown v Raine

At the trial of this cause before Forbes CJ. there had been a mistake in the calculation of the amount of damages by omitting the amount of certain bills of exchange and promissory notes which ought to have been brought into the account against the defendant a motion having been made to average the damages by adding the amount of the bills and notes to the verdict delivered by the assessors, the Court at first doubted whether they had authority to do so and must not send the case to another enquiry but on looking into authorities they were satisfied it might be done, and they now made the rule absolute.

Wardell for Plaintiff.  Wentworth for Deft.

 

Notes

[1 ] This is the likely composition of the court, given that the other cases heard that day were heard by all three judges.

Published by the Division of Law, Macquarie University