SUPREME COURT.

Evening Star, Issue 2938, 19 July 1872, Page 3

SUPREME COURT.

CIVIL SITTINGS. This Day. (Before Mr Justice Chapman.) PINDAK V. CAMPBELL. The hearing of this case was continued to-day, the plaintiff’s case concluding shortly after noon. Mr Macassey, for the defendant, then moved for a nonsuit on the following grounds :—lst. The plaintiff is not entitled to recover, because there was no evidence that plaintiff was ready and willing to deliver bills of lading on defendant’s mere acceptance of plaintiff’s drafts. 2nd. That inasmuch as the goods shipped did not strictly comply with defendant’s order, the latter was not hound to receive them, 3rd. That having sold the goods and not having brought a special action on the case for damages occasioned by the re-sale, the plaintiff was not entitled to recover. 4th. That not having given express notice to the defendant of his intention to resell, the sale by the plaintiff’s agents was wrongful. sth. That under the third count the plaintiff could not recover, for 'the reasons that there was no delivery—actual or constructive—to the defendant, and there was an unauthorised sale of the goods. The argument upon the points thus raised was not concluded at four o’clock. The case will be continued to-morrow.