AN OPAL CASE.

Stratford Evening Post, Volume XXXIII, Issue 9, 8 May 1912, Page 8

AN OPAL CASE.

A firm of mercantile agents—Messrs Bradley and Cohn, Ltd.—in business at Hoi burn Viaduct, in October last, in the King’s Bench, sued Albert acainsay and Co., jewellers, of Hatton 1 Garden, for the return of a parcel -oi black opals, or £750, their valiKt. These stones-, said the defendants, tfiey had purchased and paid for. The mercantile agents in 1908 received from an Australian firm a num her of opals that they might be exhibited at the Franco-Bntish Exhibition at Shepherd’s Bush. The stones were not sold at the Exhibition and were returned to the agents, who received instructions to -sell them for £750. In March, 1909,, counsel said, Mr. Isidor Braun, broker and dealer in jewellery, offered £3OO for the opals. That offer was refused, but Mr. Braun was allowed to take them on approval. 'Without the knowledge of the plaintiffs, counsel continued, he sold the-opals to the defendants for £3OO. Counsel .submitted that the property in the opals never passeci to Mr. Braun, ( and, therefore, the plaintiffs were entitled to recover the opals or their value. The managing director of the plaintiff company told tne Court that lie was informed tlu opals had been valued at £IOOO. It was urged for the defence that the plaintiffs had already obtained_a judgment against Mr. Braun for £750, tinvalue of the opals, and therefore they could not maintain the present action. The Judge agreed that the judgment obtained against Mr Braun debarred the plaintiffs from maintaining the present action, and he entered judgment for the defendants, with costs. It is now announced that an appeal against the Judge’s decision was dismissed. ; '