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

Carr v Stephen [1839] NSWSupC 13

damages, expectation - convict services, assignment from master to master

Supreme Court of New South Wales

Willis J., 20 March 1839

Source: Sydney Gazette, 23 March 1839 [1]

(Before Mr. Justice Willis and a Special Jury)

Carr v Stephen. -- This was an action to recover damages for a breach of an agreement. The plaintiff is Mr. Carr, late of the firm of Carr and Rogers, and the defendant Mr. Sydney Stephen, the barrister. It appeared from the plaintiff that during the last year the defendant sold him an estate in the county of St. Vincent for the sum of £4,500, and at the same time agreed to allow him the use of certain assigned servants on the estate until he could procure their transfer by the Government in the usual way. After this the men were ordered away by the defendant, in consequence of which a quantity of barley was destroyed for want of hands to reap it, and a loss also took place among the cattle. For the defendant it was contended that the plaintiff did not take the necessary steps to procure the assignment of the men to himself, and consequently he (the defendant) was obliged to take the men back, and that the plaintiff had not given up certain articles the property of defendant's son, which he had agreed to do. Verdict for the plaintiff, damages £250. Counsel for the plaintiff, Messrs. a'Beckett, Foster, and Windeyer; for the defendant, Messrs. Therry and Broadhurst.


[1] See also Australian, 23 March 1839, reporting that ``For the defence it was contended that the plaintiff had neglected to procure the assignment of the men which he was bound to have done, and that the defendant was forced to withdraw them, as their non assignment to the plaintiff subjected him to have them withdrawn by the government."  The Sydney Gazette, 4 June 1839 reported proceedings in another case of the same name, with the parties being inconclusive as to whether they agreed it should be referred to arbitration.

On 13 July 1839, a new trial was moved for: Australian, 18 July 1839; Sydney Gazette, 18 July 1839.

Published by the Division of Law, Macquarie University