The Sun.
London, England, 1853-03-24 00:00:00

SHERIFFS COURT-(THIS DA

(Before Mr- Burchell.)

SHAW V. LOEWE.

The plaintiff in this action is a pocket-book manufac-
turer at Birmingham, and defendant is a fancy stationer
in Basinghall-chambers, London, and the action was
brought to recover the sum of 5/. 9s. 6d. for goods sold
and delivered.

Defendant pleaded a set 'off to the full amount.
Mr. Metcalfe, for the plaintiff, said that the sum now
claimed was only for a balance, as plaintiff admitted a
set off to the amount of IL 10s. which had been claimed
by defendant for loss sustained in consequence of plaintiff
having countermanded an order for printing some fancy
labels ; that was all that the plaintiff admitted, and by the
pleas he was not even bound to do that. As far as he had to
show was the order by, and delivery of, the goods to the
defendant.

The plaintiff was called, and proved that goods were
sold to the amount of 61. 19s. 6d., and plaintiff had been
applied to by letter and personally. On the last occasion
defendant promised to his brother to pay plaintiff 31. ss.
which he struck as a balance of the account. The money
was not paid at the moment, but a promise was made
that a Post-office order should be forwarded for the
amount, but the promise was not kept.
Cross-examined by Mr. Stammers—There was no
agreement that the dealings were to be on the principle
of barter. Defendant was to pay for all the goods he
had, and he plaintiff was to give defendant the preference
for any goods in his way.
By the Under-Sheriff—Had bought several quantities
of goods and had paid for them,
Mr. Stammers addressed the jury for the defendant,
and contended that the transaction was one entirely of
barter, and claimed the sympathy of the jury, as Eng-
lishmen, on behalf of defendant, as being a "poor fo-
reigner," and called defendant, who took quite a conti-
nental mode of giving‘his evidence.

Nr. Medealfe objected to anything but the law and
sound sense being applied to the case.
The Under-Sheriff said that he could not allow more
latitude to a foreigner than an Englishman.
Mr. Stammers contended his client might be heard.

The Under-Sheriff repeatedly called on defendant to
confine himself to giving answers to questions, and not
disputing.
Defendant, in the course of a very desultory examina-
tion, and cross-examination by the learned counsel, the
Under-Sheriff, and the jury, admitted that plaintiff had
paid him several sums of money, and that the amount
now claimed was strictly due, but insisted that plaintiff
was to take the amount out in goods.

Mr. Medcalfe submitted that even had there been a con-
tract of that sort, the plea of set off could not be main-
tained, for the breach onlycreated unliquidated damages.
He did not think -that the question of Englishman or
foreigner was brought into the case, except to create a
prejudice, and it might be thought we were in a ticklish
state with Austria, and a good many other countries,
and that it would be better to propitiate them by send
ing a foreigner back with a high notion that by the
English law any foreigner might obtain English goods
from an Englishman, and was not bound to pay for
them.

The learned counsel commented on the fact that de-
fendant had not produced his ledger, although he had
been personally served with notice to do so, and in that
ledger was the entry of the 3/. ss. as paid.
The Under-Sheriff said the case was very straight-
forward on the part of the plaintiff, and the case now
rested, as far as the jury were concerned, whether there
had or had not been a contract on the principle of
barter ; if there had defendant was entitled to a verdict—
on the other hand, as the delivery of the goods had been
admitted, then it would be for the plaintiff. The ad-
mitted fact that the money had been promised, was a
strong fact, coupled with the other payments by plain-
tiff, that no such contract existed, but that was entirely
a question for the jury.
The jury, without hesitation, gave an immediate
verdict for the plaintiff for the full amount claimed.