De Symons v Minchwich
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 170 E.R. 409
IN THE COURTS OF KING'S BENCH AND COMMON PLEAS.
[430] Monday, Dec. 15th. de symons v. minchwich. (Where a tradesman gives credit for goods at the time of the hale, he cannot bring an action till the time given expires. But if the time was given after the sale, or if the sale was not bona Jide, the party may sue for his debt immediately.) Assampsit for goods sold and delivered. One part of the defence was, that the action was brought before the time given for credit was expired. In the course of the evidence, it appeared that the plaintiff had sold jewels to the defendant to the amount of 500 for ready money, as the plaintiff asserted , but as a witness for the defendant proved, on information from the plaintiff himself, to be paid for the 1st of November subsequent to the bill of sale ; before which time, namely, on the 22d of October, the action had been commenced To rebut this defence the plaintiff proved, that almost immediately after the sale, the defendant had pawned the jewels with different pawnbrokers, and that smspecting the defendant not to be the person he represented himself, he had arrested him before the time alluded to Eyre, Chief Justice.-If the credit given was voluntary...
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