Exeter County Court: Monday, Before M. Fortescue, Esq., Judge: West of England Sack Company v Hobson: Jury Case: The claim was for £27 9s 2d, being for the hire and value of certain sacks supplied to the defendant by the plaintiff. The case came down from the Queen’s Bench. Mr. Cooke, of Bridgewater appeared for the plaintiff and Mr. Baker, of Newton Abbot for defendant. The plaintiffs carry on business at Langport, in Somerset and in October 1872 and in October 1873 they supplied the defendant, who is a farmer at Paignton with 110 sacks on the term that one halfpenny per seven days was to be paid for the hire of each sack, and if the sacks were not returned, 2s were to be paid for the value of each sack. [this was followed by a discussion of the poor level of documentation, and of the Court’s unwillingness to assign costs as the case had been to a higher court. The defence claimed miss-management on the part of the company and note that they did not name or number their sacks]. The defendant was called and deposed to hiring the sacks in question from the agent of the Company at Newton and Mr. Hawke, miller, of Dartmouth, and that he returned the sacks hired, filled with corn – fifty to Mr. Pinsent at Newton, the remainder to Mr. Hawke’s brother, who was agent to the Company at Dartmouth. Mr. H. A. Hawke, accountant, Dartmouth, said he was agent for plaintiffs in 1873, and was also in the employ of his brother, a corn and coal merchant. The entries of returns of thirteen and twenty-two sacks respectively, which appear in the plaintiff’s books produced, were correct. Mr. J. B. Pinsent, maltster, Newton Abbot, agent of the Company, deposed that the fifty sacks defendant hired of the Company were returned to him, forty seven full of barley and three empty, and were forwarded to the company by his man, witness being present when they were sent off: Thomas Avery, foreman, maltster to Mr. Pinsent proved that the fifty sacks in question were forwarded by him to the plaintiff’ depot in Newton Abbot. In addressing the jury on the whole case, Mr. Cooke contended that the letters proved conclusively that Mr. Pinsent had had the credit himself of the fifty sacks which he had sent back to the Company from the defendant, and that defendant must look to Mr. Pinsent for the amount the Company claimed from him. As to the sixty sacks alleged to have been returned to Mr. Hawke, he contended that the proof tendered was insufficient. In summing up, the learned judge said he did not know what the jury thought, but he should have been very grateful if the two gentlemen concerned, instead of bringing all three complicated accounts before them, had had them arranged in such a form as to be easily understood. There could be no doubt the sacks had been returned to the Company, but the question was to whose credit had they been placed? The jury retired and after an absence of nearly an hour returned a verdict for the plaintiffs for £19 16s 8d, in addition to £2 paid into court.
[followed by a similar case involving the West of England Sack Company].
Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.
Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901
Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.
Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901