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

Butler v. Hanson [1842] NSWSupC 8

succession, action brought by administratrix - agency

Supreme Court of New South Wales

Burton J and Assessors (Sparke and Knox Child) 27 April 1842

Source: The Sydney Herald, 28 April 1842

            This was an action brought by the administratrix of one Samuel Butler, deceased, to recover the sum of one hundred pounds, which it was alleged on the part of the plaintiff, the defendant had agreed to pay to Butler, in his life time, as commission for selling as an agent a farm of the defendant to a third party. The defendant had pleaded, first, denying the contract; and second, a payment of fifty guineas, in accord and satisfaction of the plaintiff's claim. Mr. Windeyer and Mr. Broadhurst appeared for the plaintiff ; and Mr. Foster and Mr. Michie, for the defendant. The counsel for the plaintiff called witnesses who established that an agreement to the effect mentioned had been made, and that Butler had been slightly concerned in the course of the transaction of the sale, apparently acting on Mr. Hanson's behalf. The defendant, however, proved by different witnesses, that Butler had in his life time accepted from the plaintiff fifty guineas in full satisfaction of any service he might have received from the defendant in selling of the farm, and upon this evidence the Assessors, after the summing up of the learned Judge, found a verdict for the plaintiff on the first issue, and for the defendant on the second issue, which, in effect, amounted to a general verdict for the defendant.

            Attorney for the plaintiff, Fitzhardinge; for the defendant O'Reilly and Bradley.

Published by the Division of Law, Macquarie University