DISPUTED ORDER FOR GOODS: PINSENT v COCK: Mr. Collier, Q.C., and Mr Karslake were counsel for the plaintiff; attorneys, Messrs. Little and Billing; counsel for the defendant, Mr. M. Smith, Q.C., and Mr. Coleridge; attorneys, Messrs. Beer and Rundle. Mr. Collier opened the case. The plaintiffs are the Messrs. Pinsent, who are extensive drapers at Devonport, and they brought their action against the defendant, Capt. Cocks, who is a retired Captain of Marines, living at Plymouth, gentleman of fortune, for articles supplied to him for the purpose of furnishing a house. The amount claimed was £111 4s. The circumstances of the case were very peculiar and were these. Capt. Cocks, who was an old customer of the Messrs. Pinsent, called upon them on the 1st September, 1856, and made a communication to them to the effect that he wanted some furniture, and that a person who would call on the morrow would select some. He said, “It is alright, these goods are for me, and she is furnishing for me”. The plaintiffs did not wish to inquire particularly into Captain Cock’s affairs—whether he was going be married to the lady, what relation there might exist between them. The plaintiffs said, “Very well; that’s enough”. Thereupon Captain Cocks proceeded further, and selected several articles of furniture, remarking that the lady would select other articles next day. The lady called the next day, and selected articles. The plaintiffs did not know her name, and (the learned counsel) need not say they would not trust a lady whose name did not know. The goods were directed to be sent No. 7, Osborne-place, Plymouth, and they were sent there—the house being occupied by the lady and Captain Cocks. Some of these goods were carpets, on which Captain Cocks walked, but for which he was not going to pay. The order was debited by the Messrs. Pinsent to Captain Cocks, and the bill was sent in the ordinary course at the following Christmas. Capt. Cocks called at their establishment in January, and said ” Oh, Messrs. Pinsent, this is not for me; it’s for Miss Hibbert.” It turned out that this lady who selected the goods was Miss Hibbert, who also resided at 7, Osborne place, Plymouth. Mr. Pinsent replied: “I really know nothing of Miss Hibbert,” upon which Capt. Cocks said “Oh! it’s all right; you head the bill Miss Hibbert, and I’ll see you shall be paid,” or something to that effect. Upon that Mr. Pinsent, not wishing to lose Captain Cock’s custom altered the heading of the bill as directed, and sent it to Miss Hibbert; Miss Hibbert, however, had not paid for the goods, and never would. The defence set up was that the defendant was not liable because the bill was headed “Miss Hibbert”. He (the learned counsel) could only say that if Cocks succeeded he would be entitled to a great deal of credit for having found out a new way of paying old debts—(laughter)—because he had nothing to do but to order the goods, if he knew the tradesman he could say “Oh, put Mr. Brown’s or Mrs. Brown’s name upon the bill.” and there was an end to the debt. If it were done it would be a very convenient mode of half-pay captain’s doubling their incomes. Joseph Nicholson, Thomas Pinsent Horton, Mitchell, Pearse, in the employ of the plaintiff, and Mr. Richard Steele Pinsent, one of the plaintiffs, were called in support of the learned counsel’s statements. Captain Cocks and Miss Hibbert were called for the defence to prove that the goods were ordered by Miss Hibbert (who kept a lodging house) that the plaintiffs gave her six months’ credit, and that the captain did not become answerable for payment. The Learned Judge summed up, observing that this was fairly a question of credit in the evidence of the respective witnesses. The witnesses on the part of the plaintiff had sworn that the goods were ordered by Capt. Cocks; the witnesses for the defendant had sworn to the contrary and it would be the duty of the jury to decide whether by any of the defendant’s acts or words he had rendered himself liable for payment of the goods. The Jury found verdict for the plaintiffs for the amount claimed.
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Referenced
GRO0741 Devonport: Richard Steele Pinsent: 1820 – 1864