Smith v Blandy and Another

JurisdictionEngland & Wales
CourtHigh Court
Judgment Date31 May 1825
Date31 May 1825

English Reports Citation: 171 E.R. 1013

IN THE COURTS OF KING'S BENCH AND COMMON PLEAS

Smith
and
Blandy and Another

SY. ft MOOD 257. SMITH V. BLAND Y 1013 [257] in C. P at the sittings after easter term, 6 geo. IV. 1825. Adjourned Sittings in London. Guildhall, May 31, 1S25. smith v blandy and another. (Where by the cross-examination of the plaintiff's witness, who had proved a prima facie case of the sale of goods, it appeared that the plaintiff had said that the goods were sold under a, written contract, which he produced to the witness : Held, that the written contract spoken of was evidence for the plaintiff, without calling the broker, by whom it purported to have been made and signed The assertion of a party, in a conversation given in evidence against him, of facts in his favour, la evidence for him of those facts Where goods were sold under a written contract at so much per load, " to be taken by the dock account, and paid for in cash, allowing 2^ per cent discount within 14 days from the date ; the goods to be taken on board, and the duty deducted " , and the duty was payable by the buyer : Held, that the discount was to be calculated on the sum to be received by the seller only, exclusive of the duty. The construction of a mercantde contract is matter for the jury.) Asaumpsit for goods and sold and delivered. A prtnta fftcie case having been made out for the plaintiff, by proof of the delivery of a large quantity of timber, and of the value thereof, Wdde Serjt , for the defendants, cross-examined one of the plaintiff's...

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3 cases
  • Walsh v Sligo County Council
    • Ireland
    • High Court
    • 20 December 2010
    ...[1999] 3 All E.R. 385. Smeltzer v. Fingal County Council [1998] 1 I.R. 279; [1998] 1 I.L.R.M. 24. Smith v. Blandy (1825) Ry. & Mood. 257; 171 E.R. 1013. Smith v. Wilson [1903] 2 I.R. 45. South Dublin County Council v. Balfe (Unreported, High Court, Costello P., 3rd November, 1995). Stoney v......
  • Rex v Valachia and Another
    • South Africa
    • 18 September 1945
    ...on the accused's behalf, on the strength of a number of English 1945 AD p835 Greenberg, J.A. cases which he quoted (Smith v Blandy (171 E.R. 1013); Rex v Jones (172 E.R. 285); Rex v Higgins (ibid. 565); Rex v Steptoe (ibid. 756)). Sec. 320 of the Criminal Procedure Act of 1917 binds us to f......
  • Rex v Valachia and Another
    • South Africa
    • Appellate Division
    • 18 September 1945
    ...by Mr. Lakier, on the accused's behalf, on the strength of a number of English Greenberg, J.A. cases which he quoted (Smith v Blandy (171 E.R. 1013); Rex v Jones (172 E.R. 285); Rex v Higgins (ibid. 565); Rex v Steptoe (ibid. 756)). Sec. 320 of the Criminal Procedure Act of 1917 binds us to......