Knotts v Curtis
| Jurisdiction | England & Wales |
| Judgment Date | 06 April 1832 |
| Date | 06 April 1832 |
| Court | High Court |
English Reports Citation: 172 E.R. 995
IN THE COURTS OF KING'S BENCH, COMMON PLEAS AND EXCHEQUER
[322] midland spring circuit, 1832 Nottingham Assizes 1832 knotts v. curtis (In case for selling goods under a distress, without appraisement, if the sum produced is less than the fair value to the tenant, he may recover the difference without any allegation of special damage ) This was an action on the case for an excessive distress The plaintiff failed in. proving any of the counts in the declaration, except one, stating that the defendant sold the goods without having them previously appraised, under statute 2 W. & M sees 1, c. 5, s. 2. The sale was by public auction, and fairly conducted ; but the full value of the goods to the plaintiff was not obtained The count was framed on statute 11 Geo II c. 19, s. 19, and no specific damage was stated in it. It was objected, on the part of the defendant, that, as this was an irregularity in the conduct of a distress, in order to entitle the plaintiff to recover on this count, he should both state and prove that specific damage had resulted to him from the omission to appraise , the statute enacting, that the party aggrieved by the irregularity shall " recover full satisfaction for the special damage he shall have sustained thereby, and no more, in any action, &c." ; and that, unless special damage was proved, the defendant was entitled to a verdict Mr. Justice J. Parke.-The measure of the damages to be recovered by the plaintiff upon this count, is the [323] difference between the amount of the rent discharged by the sale, and the fair value to the tenant of the goods which have been sold. If the...
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Finlay v The Bristol and Exeter Railway Company
...plamtift on the subject -" I am tjuthonsed by the directois of the Bristol and Exoter .Railway Company to take (a) See Knotts v Curtis, 5 Car & P 322, 2 Tyr 449, n , Whitivoilh v Mnden. 2 Car &K 517 (? ) Parke, B, Alderson, B, and Martin, B 7 £X 411 FINLAY V. THE BRISTOL AND EXETER RAILWAY ......