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

Milward v. Beale [1847] NSWSupC 44

new trial, sale of goods

Supreme Court of New South Wales

Full Court, 14 October 1847

Source: Sydney Morning Herald, 15 October 1847, in Supreme Court Collection, Vol. 2, p. 18

MILWARD v. BEALE.

This case was tried before Mr. Commissioner Suttor and two assessors, under the 15th section of the 10 Victoria, 10. It appeared that some water casks were wanted on board the Bussorah Merchant, of which the defendant was captain, to be of a particular description, which were supplied as the plaintiff alleged; but the plaintiff was not paid, and hence he brought the present action. At the trial a verdict was found for the plaintiff.

Mr. BROADHURST now moved for a new trial, on the ground of misdirection, and that the verdict was against evidence. He contended that the evidence adduced at the trial proved that the casks were not credited to the captain of the vessel, but rather to the agents of the vessel; and, moreover, that there was no evidence to show that the casks were delivered to the defendant.

Mr. LOWE appeared in support of the verdict; and

The COURT said, that they could not resist the conviction, but that the verdict was against evidence, and therefore granted a new trial.

Published by the Division of Law, Macquarie University