Cases Decided in the Supreme Court of the Cape of Good Hope During the Years 1850-[1867]
Cases Decided in the Supreme Court of the Cape of Good Hope During the Years 1850-[1867]
Cape of Good Hope (South Africa). Supreme Court
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tion. No interest is averred to be in Smales, for whom the defendant entered into the charter-party, and whose goods were injured under the breach of the stipulations between the plaintiff and the defendant. The circumstances, cause, and amount of damage are stated and set forth, with the conclusion that the plaintiff in reconvention is entitled to, and the plaintiff in convention is liable to pay, that amount. If the defendant in reconvention is not so liable, the plaintiff will be nonsuited a...t the trial, but that forms no part of or could not sustain the exception. If the averments in the claim in reconvention will not sustain the action, such an exception should have been taken, but only taken as to the right and capacity of the plaintiff in reconvention to sue as the agent (falsely assumed as such) of the plaintiff in his personal capacity. But the claim is sufficient under the 18th Rule of Court as to the nature, extent, and grounds of the cause of action so as at least not to be liable to the only exception taken as to the quality of the party.
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