Plaice v Allcock
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1866 |
| Date | 01 January 1866 |
| Court | Assizes |
English Reports Citation: 176 E.R. 913
Nisi Prius
[1074] Nottingham Spring Assizes, 1866, cot am Willes, J. plaice v allcock. (In order to prove that a particular usage exists m a trade carried on at A , evidence that the usage prevails at B. when the same trade is carried on is admissible, provided B. is in the vicinity of A , and there is an interchange of the trade in ; question between the two places. In order to prove a usage m a particular trade it must be shown that the usage is certain and reasonable, and so universally acquiesced in, that everybody engaged in the trade knows it or might know it if he took the pains to inquire A general lien established m the bleaching trade at Nottingham ) This was an action to recover some hosiery goods, which had been sent to the defendants to be bleached, and which they claimed to retain under an alleged usage ol the trade in Nottingham and its neighbourhood, until they were paid the balance ol an outstanding account for bleaching other goods for the same person, who had subsequently become bankrupt, and of whose estate the plaintiffs were the assignees It appears that by the usage of the bleachmg-trade at Nottingham, accounts are made ojut quarterly, containing the charges made for the goods bleached during the previous three months , at the option of the bleacher this amount is either payable in cash at once, m which case discount at the rate of five per cent is allowed, or else the bleacher draws a bill at three months upon the debtor for the full amount. In the present case tiie defendants had bleached goods for the bankrupt, and had sent m their quarterly account, but had not drawn any bill for the amount upon him. Subsequently other goods had been sent to them to bleach by the bankrupt, and they now claimed to lEtain these latter goods until they were paid the amount of the previous account, which had become payable before any demand of possession of the goods now in dis-jute was made. In order to support their demand, the defendants set up an alleged msage of the trade in Nottingham and its neighbourhood, by which bleachers claimed a right to retain all goods sent to be bleached until they were paid all previous quarterly accounts, m case either no bills had been given for suck account, or if given they had arrived [1075] at maturity and been dishonoured. In addition to the evidence of 914 REGINA V. QUAIL 4 P. & F. 1078. bleachers and hosiers carrying on business at...
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...6 East, 518. Rushforth v. HadfieldENR 7 East, 224. Savill v. BarchardENR 4 Esp. 53. Green v. FarmerENR 4 Burr. 2214. Plaice v. AllcockENR 4 F. & F. 1074. Ex parte DeezeENR 1 Atk. 228. Ex parte Watkins, in re CoustonELR L. R. 8 Ch. App. 520. Ex parte Vaux, in re CoustonELR L. R. 9 Ch. App. 6......
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C.L. Singh Transport Service Ltd v Sealand Service Inc.
...of the view that the decisions to which I was referred can be distinguished. and Noble v. Kenharvay 99 E.R. 326 and Plaice v. Alcock 176 E.R. 913 were decisions in which a custom in one locality were put forward to support a contention of the same custom in another locality. In Fleet v. Mur......