Newcomb v De Roos

JurisdictionEngland & Wales
Judgment Date05 November 1859
Date05 November 1859
CourtCourt of the Queen's Bench

English Reports Citation: 121 E.R. 103

IN THE COURT OF QUEEN'S BENCH, AND THE COURT OF EXCHEQUER CHAMBER.

Newcomb And Another against De Roos

S. C. 29. L. J. Q. B. 4; 6 Jur. N. S. 68; W. R. 5.

[271] cases ahgued and determined in the queen's bench, in , michaelmas term, XXIII. victoria. i The Judges who usually sat in Bane in this Term were: Cockburn C.J., Wight-man J., Hill J., Blackburn J. newcomb AND another against de Eoos. Saturday, November 5th, 1859. Defendant, residing and carrying on business in London, wrote to plaintiffs, residing and carrying on business in S., ordering them to do certain work for him. The letter was received by plaintiffs, and the work was done, in S. A summons having issued, upon plaintiffs' application, against defendant, in the County Court of S., by leave of the Registrar, to recover the amount due for such work: Held, that the whole cause of action arose within the district of that Court, and that the Registrar therefore had jurisdiction to issue the summons, under stat. 9 & 10 Viet. c. 95, s. 60, and stat. 19 & 20 Viet. c. 108, s. 15. [S. C. 29 L. J. Q. B. 4; 6 Jur. N. S. 68; 8 W. R. 5.] B. C. Robinson moved for a prohibition to the Judge of the County Court of Stamford, to restrain [272] further proceedings in a plaint issued from that Court by the plaintiffs against the defendant. It appeared from the affidavit that the plaintiffs, who were stationers residing and carrying on business at Stamford, had sued the defendant, who was a vendor of patent medicines in Berners Street, London, to recover 31. 4s. lOrl. balance...

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2 cases
  • Entores Ltd v Miles Far East Corporation
    • United Kingdom
    • Court of Appeal
    • 17 May 1955
    ...says. Not until I have his answer am I bound. I do not agree with the observations of Mr Justice Hill in ( Newcomb v. De Roos 1859) 2, Ellis & Ellis at page 275. 7 Now take a case where two people make a contract by telephone. Suppose, for instance, that I make an offer to a man by tele......
  • A Plaint in the County Court of Northampton Shire, Holden at Towcester, wherein J Aris is Plaintiff and J Orchard Defendant
    • United Kingdom
    • Exchequer
    • 24 November 1860
    ...6H. &N 16C LEGHB&ithwick v. WaMon (15 C. B. 501) will be relied on by the defendant; but that case is at variance with Newcombe v. De Roos (2 El. & El. 271), where the defendant, by letter written and posted out of the district of a particular County Court, ordered the [162] plaintiff t......