Henry v Dunlop and Company
| Jurisdiction | Scotland |
| Judgment Date | 27 July 1842 |
| Docket Number | No. 2 |
| Date | 27 July 1842 |
| Year | 1842 |
| Court | Court of Session (Inner House - Second Division) |
Jury Cause. Lord Justice-Clerk.
Sale—Delivery-Reparation—1.
ON 28th and 30th May 1840, George Dunlop and Company, distillers at Linton, sold to Edward Henry, cattle-dealer, Edinburgh, a number of cattle, ‘to be paid cash on delivery,’ and delivery to be taken at certain specified periods. On Monday, 15th June, twenty-four of the cattle were deliverable, the price of the whole amounting to £422. On Saturday the 13th of June, Henry paid this sum into the British Linen Company's Bank, and obtained a receipt in favour of the Bank agent Haddington. This receipt was, on the same day, dispatched by put to George Dunlop and Company; but in consequence of the manner in which it was addressed, did not reach them till the evening of Tuesday the 16th of June. Early on the morning of Monday, Henry's nephew arrived at Dunlop and Company's premises. Scott, one of the partners of Dunlop and Company, at first refused to let the cattle go, as the money had not been received. But Henry himself having come to Linton, and explained that the order the Bank had been dispatched by post, the cattle were sent off, Henry's nephew und two of Dunlop and Company's servants driving them. On a former occasion, these servants had assisted to drive the cattle to Gladsmuir, and Henry and his nephew now believed that the cattle were under the charge of the latter. They were put up that night at Gladsmuir, and the defenders' servants returned to Linton. But the money not having yet been received, they were again sent to Gladsmuir to take possession of the cattle, which they accordingly did. The cattle were afterwards driven forward, and put into a field on the part of Dunlop and Company. On Wednesday the 17th of June, by which time the money had been received, Dunlop and Company wrote to Henry, enclosing an order for delivery of the cattle.
Thereafter, Henry raised action against Dunlop and Company for reparation of the damage occasioned to him in reputation, and loss of the market, in consequence of the possession of the cattle having been resumed by the defenders.
The following issue was sent to trial:—
‘Whether, on the 28th and 30th days of May 1840, the purchase purchased from the defenders two lots of cattle; and whether, on or about Monday the 15th day of June 1840, the defenders delivered to the purchase, or his servant, twenty-four of the said cattle; and, on or about the 16th day of the said...
To continue reading
Request your trial
- R Dr Ashish Dutta v General Medical Council
-
Damages for distress or disappointment for breach of contract or breach of consumer guarantees: Moore v Scenic Tours Pty Ltd
...in the legislation. 22 Moore v Scenic Tours [47]. 23 Moore v Scenic Tours [41]. 24 Moore v Scenic Tours [47]. 25 An example may be s 5D(3)(b) Liability Act 2002 (NSW). 26 See for example Gill v Ethicon Sarl (No 5) [2019] FCA 1905, [4456]. 27 [1975] EWCA Civ 11; (1976) QB 446. The content of......
-
Discovery
...the interrogatory requires the respondent to marshal all of the proof the party intends to offer at trial. TEX. R. CIV. P. 197.1. See §40:5.D.3 (Objections). Comment 1 to Rule 197.1 provides some guidance as to the difference between a permissible, specific contention interrogatory and an o......
-
Table of cases
...College , 260 F.3d 265 (3d Cir. 2001), §24:5.F.2.b Abrams v. Baylor College of Med. , 805 F.2d 528 (5th Cir. 1986), §§6:2.D.3, 21:3, 24:5.D.3 Abshire v. County of Kern , 908 F.2d 483 (9th Cir. 1990), §9:3.D Accord Town Hall Estates Whitney, Inc. v. Winters , 220 S.W.3d 71, 88 (Tex. App.—Wac......
-
Index
...Interrogatories Contention, §40:5.B Format, §40:5.C.2 Number, §40:5.C.3 Procedure, §40:5.C Responding to Form, §40:5.D.1 Objections, §40:5.D.3 Timing, §40:5.D.2 Scope, §40:5.A Timing, §40:5.C.1 Use of responses at Trial, §40:5.D.4 Mental Examinations of Party, §40:9 Non-parties, discovery f......
-
Discovery
...the interrogatory requires the respondent to marshal all of the proof the party intends to offer at trial. Tex. r. Civ. p. 197.1. See §40:5.D.3 (Objections). Comment 1 to Rule 197.1 provides some guidance as to the difference between a permissible, specific contention interrogatory and an o......
-
Consolidated Reports of Condition and Income for a Bank with Domestic and Foreign Offices
...Discontinued operations, net of applicable income taxes* ..................... FT28 Amount 2.d. 2.e. 3. 4. 5.a. 5.b. 5.c. 5.d.(1) 5.d.(2) 5.d.(3) 5.d.(4) 5.d.(5) 5.e. 5. f. 5.g. 5. i. 5. j. 5.k. 5. l. 5.m. 6.a. 6.b. 7.a. 7.b. 7.c.(1) 7.c.(2) 7.d. 7.e. 8.a. 8.b. 8.c. 9. 10. 11. * Describe on......
-
Consolidated Reports of Condition and Income for a Bank with Domestic and Foreign Offices
...Discontinued operations, net of applicable income taxes* ..................... FT28 Amount 2.d. 2.e. 3. 4. 5.a. 5.b. 5.c. 5.d.(1) 5.d.(2) 5.d.(3) 5.d.(4) 5.d.(5) 5.e. 5. f. 5.g. 5. i. 5. j. 5.k. 5. l. 5.m. 6.a. 6.b. 7.a. 7.b. 7.c.(1) 7.c.(2) 7.d. 7.e. 8.a. 8.b. 8.c. 9. 10. 11. * Describe on......
-
Consolidated Reports of Condition and Income for a Bank with Domestic and Foreign Offices
...Discontinued operations, net of applicable income taxes* ..................... FT28 Amount 2.d. 2.e. 3. 4. 5.a. 5.b. 5.c. 5.d.(1) 5.d.(2) 5.d.(3) 5.d.(4) 5.d.(5) 5.e. 5. f. 5.g. 5. i. 5. j. 5.k. 5. l. 5.m. 6.a. 6.b. 7.a. 7.b. 7.c.(1) 7.c.(2) 7.d. 7.e. 8.a. 8.b. 8.c. 9. 10. 11. * Describe on......
-
Consolidated Reports of Condition and Income for a Bank with Domestic Offices Only
...G103 14. Net income (loss) attributable to bank (item 12 minus item 13)............... 4340 Amount 5.a. 5.b. 5.c. 5.d.(1) 5.d.(2) 5.d.(3) 5.d.(4) 5.d.(5) 5.e. 5. f. 5.g. 5. i. 5. j. 5.k. 5. l. 5.m. 6.a. 6.b. 7.a. 7.b. 7.c.(1) 7.c.(2) 7.d. 7.e. 8.a. 8.b. 8.c. 9. 10. 11. 12. 13. 14. * Describ......
-
Southern Railway Act 1923
...1,000 but not exceeding 1,500 tons. Exceeding 1,500 but not exceeding 2,000 tons. £ s, d. 4 4 6 5 18 3 7 4 0 9 0 0 15 3 9 20 5 0 27 0 0 £ 5. d. 3 16 0 5 1 3 6 6 0 8 2 0 14 3 6 18 4 6 22 10 0 £ *. d. 2 10 6 2 19 3 3 12 0 4 10 0 7 1 9 8 2 0 10 2 6 £ *. d. 2 10 6 2 19 3 3 12 0 4 10 0 8 2 0 10 ......
-
Barry Dock and Railways Act 1884
...and under two tons Two tons and under three tons -Three tons and under four tons -Four tons and under five tons Five tons and under six tons 5. d. 3 0 3 6 4 0 4 6 5 0 1 5 6 s. d. 0 6 0 8 0 10 1 0 1 2 I 4 Rates fob, the use of Shearlegs. For getting out landing lifting or shipping boilers or......
-
Ministry of Health Provisional Orders Confirmation (No.1) Act 1924
...Order. For every bull ox bullock cow or heifer For every calf For every sheep or lamb -For every hog or pig -For every other beast - 5. d. 3 0 1 0 0 6 1 4 2 0 Given under the Official Seal of the Minister of Health this Eighth day of February One thousand nine hundred and twenty-four. (l.s.......
-
Finance Act 2004 (Section 91) (Deferred Surrender to Central Fund) Order 2018
...services administered by that Office and for payment of certain grants, and for the payment of certain grants under cash-limited schemes A.5D.3E.3F.3F7 Information Society & e-InclusionPetroleum ServicesInland FisheriesEnvironmental Protection AgenchyClimate InitiatevesTotal under Vote No. ......