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

Henderson v Jack [1833] NSWSupC 14

trover, whale bone - New Zealand - bill of lading

Supreme Court of New South Wales

Burton J., 7 March 1833

Source: Sydney Herald, 11 March 1833[1 ]

Henderson v. Jack. - This was an action of trover to recover the value of sixteen hundred weight of whalebone, the property of plaintiff, detained by defendant, and converted to his own use.  Plea, the general issue.

It appeared that sixteen hundred weight of whalebone had been brought up in the schooner Prince of Denmark from New Zealand, consigned on bill of lading to plaintiff, who was at that time out of the way, but Mr F. Stephen being one of his agents under a power of attorney, endorsed the bill of lading, and handed it over to Mr. Stubbs the agent to procure the whalebone, and dispose of it.  On it being shown the Captain he wished to see the authority under which Mr. Stephen endorsed the bill; it was shown him, when he said plaintiff was indebted to Mr. McLaren, and the whalebone he should give to him, as he had indemnified him from any action that might be brought.  At that time the whalebone was worth £60 per ton.  Verdict for plaintiff £48.

Messrs. W. Foster and F. Stephen for plaintiff, Messrs. Moore and Moore for defendant.

 

Notes

[1 ] See also Sydney Gazette, 9 March 1833, calling the plaintiff Hindson.

Published by the Division of Law, Macquarie University