The Northern Daily Times.
Liverpool, Merseyside, England, 1856-08-18 00:00:00

NISI PRIUS COURT

Mr. Baron Bramwell took his seat on the bench at nine
o'clock on Sltnrday, and proceeded with the hearing of
the civil business. _ _ _

BROADBENT AND ANOTHER V. BASTLIADAS.—In this
action the Messrs. Broadbent, cotton spinners and manu-
facturers, Greenacre Moor, near Oldham, traling under
the firm of Mary Broadbent and Sons, were the plain-
tiffs; and Messrs. Basiliadas, Greek merchant, of Manches-
ter, the defendants. Mr. Tomlinson opened the pleadings,
and Mr. Attorney General Knowles stated the ease. The
action was brought to recover 4'475, for which it was
alleged the defendants had agreed to give a bill at three
mon he, of which bill they subsequently refused the
acceptance. From the statement of the plaintiffs case,
it appeared that Messrs. Brdadbent did business to a
considerable extent. in Manchester, through a commission
agent named Mr. George Hodgin. One of the defendants,
Mr. George Basiliadas, resided in Manchester. and -the
other lived somewhere abroad. Mr. George Basiliadas
was in the habit of buying goods in Manchester, and
sending them to his brother. En carrying on his agency,
it was the habit of Mr. Hodgin, who had since died, to
sell the goods in his own name, although it was well
known in Manchester that he was only an agent, and
probably it was known that he was agent for Messrs.
Broadbent, vet he always adopted that manner of selling
the goods. The usual terms were l per cent off, cash in
one month from the date of the invoice, which were the
usual terms throughout Manchester. It would appear,
however, that Mr. Hodgin was sometimes in the habit of
taking an acceptance for three months.. On the 25th of
March, a person named Hughes, the manager of Messrs.
Basiliadas' firm, called upon Mr. Hodgin to enquire about
a description of cloth called 27-inch T. Mr. Hodgin said
the price was 4s. 91 per yard, and Mr. Hughes offered
4s. Bd. Mr. Flodgin stated that the cloth belonged to the
Messrs. Broadbent, and he would send to see whether
they would take the offer. While the messenger was out,
Mr. George Basiliadas himself came in, and asked if the
price offered would be accepted. Mr. Hodgin again stated
that he should communicate with Mr. Broadbent. Mr.
Broadbent declined taking 4s. ed., and accordingly Mr.
Hodgin wrote the following note to the defendant:—
"Manchester, 25th March, 1856.—Messrs. Basiliadas'
Brothers—Gentlemen,—l have seen the manufacturers
respecting the 2,000 pieces 27-T at 4s. 9d. to be invoiced
by them. Messrs. Broadbent and Sons terms, 1 one
month.—Tours truly, George Hodgin." Subsequently
defendant agreed to take the goods, but asked, through
Mr.' Hughes, that payment might be taken by a bill at
three months. Mr. Hodgin communicated with the plain-
tiffs, who said that that was not their usual mode of doing
business, but nevertheless they would not in that case
refuse to take the bill. The goods were delivered, and
the delivery note stated, " you will receive the invoice
direct from Mary Broadbent and Sons," and also the
words, "on account of Mary Broadbent and Sons." These
passages George Basiliadas struck out himself from the
delivery note when it was handed to him. On the 3rd of
April the bill was drawn. IP Was taken to the counting-
house of the defendant, who, to the surprise of the plain-
tiff, refused to accept it. He declared that he knew
nothing about the Messrs. Broadbent, and never had
heard of them before. After several applications had
been made he would neither accept the bill nor return the
goods. Under these eircumstancep the action was brought
to recover the amount of the bill. Mr. Hugh Hill, Q.C.,
and Mr. Spinks appeared for the defence. A verdict was
given for the plaintiffs. for the amount claimed.
HOWARTH V. RIDING.-,This was an undefended action
for goods sold. Mr. Wheeler appeared Enr plaintiff, for
whom a verdict was given.
HoLpaorT V. BIDEBOTTOM.—In this case, which was an
action for the services of an engineer. A verdict was
taken for plaintiff by consent,
Woot,raLL V. TURNER AND OTHERS.—A verdict was
taken in this case for 4'50 by consent.
HAYWARD AND ANOTHER, EXECUTORS, V. WRIGHT..
This was an action brought by the executors of the late
John Hayward, proprietor of an hotel in Bridge street,
Manchester, to recover £2OO, alleged to have been lent by
deceased in his lifetime to the defendant, who carried on
business as a salesman in Manchester, and was connected
by Marriage with the decea#o, Mr. Atherton, Q.CI
and Mr. Monk'appeared"for ' the plaintiffs. The dellince
was, that the testator had retained in discharge of the
debt some tin-mine shares which he had originally received
as security. Mr. Hugh Hill, Q.C., • appeared for the
defenCe. The jury nonsuited the plaintiffs.
Several Cases following in the list were settled or with-