Stacey and Harding Ltd v O'Callaghan
| Jurisdiction | Ireland |
| Judgment Date | 11 February 1958 |
| Date | 11 February 1958 |
| Court | Supreme Court |
Summary summons - Indorsement of claim - Particulars - Action for price of goods sold and delivered - Indorsement not giving particulars of nature of goods nor dates of sale and delivery - Such particulars stated in indorsement to have been previously furnished to defendant - Sufficiency of indorsement - Rules of the High Court and Supreme Court, 1926, Or. IV, r. 2.
The plaintiffs issued a summary summons for the price of goods sold and delivered by them to the defendant. The sum claimed was stated in the indorsement of claim to be "for goods sold and delivered by the plaintiffs to the defendant at the defendant's request within the last six years, detailed particulars of which said goods have already been furnished by the plaintiffs to the defendant." The indorsement set out neither the nature and dates of the transactions giving rise to the claim nor the method by which, and date on which, the amount claimed was arrived at. As no appearance was entered by the defendant, the plaintiffs applied to the Master of the High Court for final judgment. The Master refused to order final judgment because he considered that the indorsement did not comply with Or. IV, r. 2, of the Rules of the High...
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