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Colonial Cases

Rothmund v. Mercer, 1871

[goods sold and delivered]

Rothmund v. Mercer

Supreme Court of China and Japan
October 1871
Source: The North-China Herald, 28 October 1871

 

LAW REPORTS.

H.M. SUPREME COURT.

YOKOHAMA, Oct. 1871.

E. ROTHMUND v. T. W. MERCER.

Claim for goods delivered.

   Defendant stated that a compradore's order had been given Mr. Rothmund for the account in 1868. - E. Rothmund had never seen any comprador's order for the amount.  Mr. Mercer stated that he gave an order for the amount on the Japan Herald. Afterwards he went to Kobe and was there some time, and then in Shanghai; and it was strange that this bill had not been brought forward before.  On leaving Hiogo he had a law suit with his employers, and in settling up, Mr. Rothmund's bills were charged against him.  He had not got the compradore's order, it was deposited in the Consulate at Hiogo.  His Lordship ruled that he would adjourn the case for a fortnight, thus giving defendant time to get the papers from Kobe. - Japan Mail.

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