Webber v Adams

Judgment Date06 July 1875
Date06 July 1875
CourtHouse of Lords (Ireland)

House of Lords.



Brundrett, Randall, & Govett L. R. Week. N. 1875, p. 146.

— Toll on sales of Corn.

THE IRISH REPORTS. [I. R. stances under which and the agreement upon which this mortgage was so executed. It therefore requires that the facts which constitute this explanation should be brought before the Court by the PlainÂtiff ; and to allow him now to supply these facts would be to allow him to support his order by facts not brought forward on the original application. We think it of great importance that the utmost good faith should be always used towards the Court, and, therefore, in discharging the order, on the ground of suppression of facts, discharge it with costs. Motion granted, and the charging order discharged with costs. Attorney for the Plaintiff : Robert Stephens. Attorney for the Defendant : S. P. Redington. H. E. (HOUSE OF LORDS). 1875. July 6. WEBBER v. ADAMS. Local Act-Toll on sales of Corn. APPEAL against a decision of the Court of Exchequer Chamber (Ir. R. 5 C. L. 146), affirming a previous judgment of the Court of Exchequer (Ir. R. 3 C. L. 56) on the construction of the 3 Geo. 4, c. 79 (local), relating to the tolls leviable on corn sold in the city of Cork. The Plaintiff was the clerk of the trustees of the market, and contended that the power to levy tolls was not, under the terms of the Act, confined to sales of corn made within the limits of the market erected under the Act, but extended to all sales of corn made within the city of Cork and the suburbs thereof. The Defendant insisted that if the words received the construction conÂtended for on the other side, corn might be made liable, upon re-sales, to pay tolls over and over again, and so might corn the sales of which had nothing to do with the market. The DefendÂant was a corn merchant, and had his stores and office within the city of Cork : he purchased in London, by letters or telegrams VOL. IX.] COMMON LAW SERIES. sent by him from the city of Cork to his correspondents in LonÂdon, several cargoes of foreign corn to be imported from different and distant places, which, before or after the date of the purchase, arrived in the port of Cork, but outside the limits of the city and the suburbs thereof, and became the property of the Defendant, as the assignee of the bills of lading. The prices were calculated on the weights stated in the bills of lading-the corn not being weighed in the market for the purpose either of the purchase, or of the...

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