[civil procedure – Court of Requests – costs – Dickens, Charles, reference to – goods sold and delivered]

Rust v. Johnson

Supreme Court of New South Wales

Stephen J., 24 January 1842

Source: Sydney Herald, 26 January 1842

            Mr. Foster stated the case for the plaintiffs. The action was brought by the plaintiffs, being butchers, carrying on business in Sydney , to recover an account amounting to £10 1s. 7d., for meat supplied by the plaintiffs to the defendant.

Jacob Goode was called and examined by Mr. Foster. - He stated that he had been formerly a clerk in the firm of the plaintiffs, and that he knew a boy named Godfrey Parsons, who was employed by the plaintiffs to carry out meat and call for orders. Recollected Johnson, the defendant, having been a customer of the plaintiffs, and he witness, up to September the 4th, delivered an account to the defendant himself. Had frequently called for the bill, but defendant had always been denied.

William Redman was called, who stated that he was a clerk in the office of Minithorpe and Gurner, attornies for the plaintiffs. Had served a notice on Mr. Nicholls, defendant's attorney, to produce letters sent by plaintiffs to defendant.

Mr. Goode was then re-called to state that the account delivered up to the 4th September, amounted to £8 13. 0½d. Witness had received and executed other orders subsequent to this date.

Godfrey Parsons proved the delivery of the meat.

There being only a verdict for £8 13s. Mr. Windeyer applied to his Honor, (the verdict being for a sum under £10) to grant his certificate to deprive the plaintiffs of costs. He contended that the action might have been brought in one of the Courts of Requests, and was merely a Dodson and Fog's affairs, [1] brought by the Attorney for the sake of costs.

His Honor said he would take time to consider, whether he could grant a certificate or not, and if he found he had the power to do so, he would certainly grant the application.

[1]Dodson and Fogg were low attorneys in Dickens' Pickwick Papers, who ran the ludicrous breach of promise case by Mrs Bardell against Pickwick.