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

King v. Ross [1842] NSWSupC 20

whaling - detinue - damages, loss of use of goods

Supreme Court of New South Wales

Stephen J., 25 April 1842

Source: Australian, 28 April 1842

            This was an action of honor, by which defendant sought to recover damages on goods of his detained by the defendant; Messrs. Windeyer and Darvall appeared for the plaintiff, and Mr. Foster for the defence.

            The circumstances of the case were these: The defendant was a partner in the firm of Dunlop and Co., and the plaintiff had entered into an agreement with them to go [on] a whaling expedition. The defendant was to furnish a vessel, and the plaintiff the whaling gear, &c. The defendant did, in consequence, furnish the schooner Faith, and the plaintiff compiled with his part of the compact: taking also with him sundry boxes of clothes, &c. The voyage proved entirely unsuccessful, as they found no whales, great part of the whaling gear coming back untouched, and as good as new on the return of the Faith to Sydney . Defendant prevented the plaintiff taking away his clothes, gear, &c., which were claimed by him, and to recover was the ground of the present action. The counsel for the plaintiff then called several witnesses to speak as to the gear, clothes, and other goods, which the plaintiff had on board, and also to speak as to the detention of them on arrival here. A verdict was ultimately taken, by consent, for the plaintiff, damages £150.

Published by the Division of Law, Macquarie University