The Victorian Reports Volume 10

The Victorian Reports Volume 10

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...jury to say whose agent such secretary was in receiving the amount, and so to determine whether a plea of payment was proved. ACTION to recover freight for goods conveyed by the plaintiffs for the defendants. Plea----Payment. The jury found for the plaintiffs, for 207l. 16s. 2d. The defendants obtained a Rule nisi for a new trial, on the grounds that the verdict was against the evidence and the weight of evidence, and misdirection that the burden of proof lay on the defendants. The evidence for the defendants (who began at the trial) was that one D. S. Rattray, the defendants' secretary, paid by cheque to one Meallin, on 9th January, 1883, the amount claimed by the plaintiffs, obtaining from him in return a document with the printed heading, "Swan Hill Shire Waterwork Trust, Dr. to," the plaintiffs' names being inserted as the creditors, the items of charge following, and then the signature of Meallin as the person who had examined it; at the foot of the document was a printed form of receipt filled in, and this was signed by one of the plaintifis, the stamp being cancelled with the date, and apparently his initials. Rattray was then the defendants' secretary; Meallin, who had been their secretary, had resigned on 5th December, 1882. The defendants received from the plaintiffs a letter dated 6th March, 1883, inclosing their account for the freight, stating that they had forwarded it to the secretary twice, but had had no answer----to which the defendants telegraphed that they held a voucher signed by the plaintiffs in settlement of the freight. On 16th March, the plaintiffs' attorney wrote the defendants, stating that one of the plaintiffs had signed the document at the instance of the defendants'...show more

Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236992458
  • 9781236992451