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Colonial Cases

Frith v. Terry, 1839

[sale of goods]

Frith v. Terry

Supreme Court, Bombay
Source: The Bombay Times, 4 December 1839



   This was an action brought by Messrs. Frith & Co., of Bombay, Merchants, for the non delivery of two cases of Oilman's Stores shipped by Messrs. Hesketh, David and co., of London, on board the William Harris, of which vessel the defendant, Henry Terry, was Captain.

   The matter in dispute was, whether the Chief Officer of the William Harris had delivered to Messrs. Frith and Co.'s boatman as certain case No. 38.

   It appeared that he had a receipt signed by the Boatman for a case so numbered, but no receipt whatever for the case No. 36.  The latter, for which the mate had no receipt, was received by Messrs. Frith and Co., but not No. 387 for which he had a receipt, and for which Messrs. Frith and Co. made a claim.  This was resisted by Captain Terry, who was willing to pay for No. 36, but not the other.  The chief officer of the William Harris in his deposition, swore to having delivered the particular case No. 38, while the plaintiff's witnesses swore that number was never received -

   The Court then pronounced a verdict for the Plaintiffs, on the ground that it did not appear to them that the Defendants had ever delivered the case No. 38 to the Plaintiff or his agent - without meaning to throw the slightest suspicion on the evidence of the chief officer, who, no doubt, fully believed what he deposed to, yet the whole circumstances of the case shewed plainly that he had made a mistake, and had given No. 36 to the Tindal, instead of No. 38.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School