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Colonial Cases

Milsom and Tod v. the Comptoir dEscompte, 1873

[sale of goods]

Milsom and Tod v.  the Comptoir d'Escompte

French Consular Court, China
Source: The North-China Herald, 26 April 1873

An important case, "Milsom and Tod v.  the Comptoir d'Escompte," has been tried before the French Consular Court.  Milsom and Todd have been in the habit of shipping silk to the consignment of Milsom Poy and Berry of Lyons, drawing against the latter firm.  They shipped 254 bales on the 3rd April as usual, drawing against it for Tls. 10,000, which the Bank placed to their credit.  On the 4th they gave the Chinese merchant from whom they had bought the silk, a cheque on the Comptoir in payment.  But the bank had that morning received a telegram announcing the failure of Milsom Poy and Berry at Lyons, and declined to cash it, retaining the cash in their hands as security against Milsom and Tod's running bills on Milsom Poy and Berry.  Milsom and Tod entered an action against the Comptoir to compel them to release their funds, and claimed Tls. 5000 damages for the injury to their credit.  A report of the hearing will be found elsewhere.  It was announced that judgment would be given to-day; but a compromise having seen been come to between the parties, the case has been withdrawn.

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