Arnott v Rodfern and Another
| Jurisdiction | England & Wales |
| Judgment Date | 12 July 1825 |
| Date | 12 July 1825 |
| Court | High Court |
English Reports Citation: 172 E.R. 40
COURTS OF KING'S BENCH AND COMMON PLEAS.
[88] July 12th, 1825. arnott v kedfern and another (Assumpsit on a judgment of the Admiralty C'ourt of Scotland, which gave interest on a balance of accounts from 1811 to the time of payment. The contract was by letter, written in London. The services were performed in Scotland, that being the plaintiff's place of residence Held at Ni Pn that a contract made in England, to be executed in Scotland, ought to be regulated by the rules of the English law ; and that this contract having been made in England, interest could not be recovered, merely because it was given by the decree in Scotland ) [Subsequent proceedings with annotations, 3 Bing. 353 ] The declaration stated, that in the year 1818, a decree was pronounced in the Admiralty Court of Scotland, which directed that the defendants should pay to the plaintiff a balance of £236, " with interest thereon, from the month of March, 1811, till the time of payment," together with other sums for expenses, &c , and that in consequence of such decree, the defendants became liable to the plaintiff to the amount of the said several sums. The plea was-the general issue A certified copy of the proceedings in Scotland, under the seal of the Admiralty Court there, was put in and read. It appeared, among other things, that the original claim was for services performed by the plaintiff, who resided in Scotland, in the sale of goods for the defendants, who lived in London The contract was made by letters between the parties, both being at that time in London. The plaintiff undertook to go four jourmes annually through Scotland, to sell and collect for the defendants, and to remit regularly all monies received , to guarantie one-fourth part of the sales, allowing his whole commission to stand over, for the purpose of making up any deficiency that might arise by bad debts, so far as the fourth part of the real losses The defendants, in consequence of this undertaking, agreed to employ the plaintiff as their agent, and to pay him one per cent SCAB. & P. 8. MAVOR V. PYNE 41 upon the amount of the sales, and ^ per cent more upon the gross amount for the guarantie of the fourth part. Vaughan, Serjt. objected to the claim for interest. This is only an action of assumpsit; and the judgment is merely pnma facie evidence, a,nd not conclusive as to- the right of demand We may impeach the claim now, as we might...
To continue reading
Request your trial
-
Hargitay (Peter) v Joel Magazine
...lex loci contractus which is Switzerland where the contract i.e. the Promissory Note, was made - See Arnott v Redfern (1825) 2C and p. 88 172 E.R. 40; Keiner v Keiner (1952) 1 ALL E.R. 643 at 644 H. and 645 J. Jacob et al v Credit Tyonnais (1884) 12 Q.B. D. 589 ; Dicey and Morris on Confli......
-
Standard Bank of South Africa Ltd v Efroiken and Newman
...Halsbury's Laws of England (vol. X., pp. 264 and 267, secs. 486 and 490). See Story's Conflict of Laws (sec. 291 as to Arnott v Redfern (2 C. & p. 88) ); Bowstead on Agency (3rd ed., p. 83, art. 39); and Ireland v Livingston (L.R. 5 H.L at pp. 404, 405 and Through bills of lading are dealt ......