Martin v Hogan [1917] HCA 75

Martin v Hogan [1917] HCA 75

On the pleadings and in view of the conduct of the case, the plaintiff was entitled to recover the price on tender of shipping documents, as found by the jury to be usual in the trade, and as no sufficient defence was raised or proven as to the absence of a required bill of lading. However, the property in the goods...

Source-derived case information.

Parties
Defendant: Martin and Another; Plaintiff: Hogan
Jurisdiction
Australia
Judgment Date
20 December 1917
Procedural Posture
Appeal / Appeal From the Supreme Court of New South Wales to the High Court of Australia
Outcome
Appeal dismissed
Legal Topics
F.o.b. Contracts, Passing of Property, Cash Against Documents, Tender of Documents, Measure of Damages, Shipping Documents, Custom and Usage in Trade
Contract Sale of Goods F.o.b. Contracts Passing of Property Cash Against Documents Tender of Documents Measure of Damages Shipping Documents +1 more

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Summary, issues, holding and outcome

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Parties

Martin and Another

Defendant

Hogan

Plaintiff

Procedural Posture

Appeal / Appeal From the Supreme Court of New South Wales to the High Court of Australia

Legal Issues

  1. 1 Whether plaintiff entitled to recover price on a contract for sale of goods f.o.b. where property had not passed to buyer
  2. 2 Whether tender of a shipping receipt, as opposed to a bill of lading, satisfies the contractual requirement for delivery of documents
  3. 3 Whether the action lay for price or for damages for non-acceptance

Ratio Decidendi

On the pleadings and in view of the conduct of the case, the plaintiff was entitled to recover the price on tender of shipping documents, as found by the jury to be usual in the trade, and as no sufficient defence was raised or proven as to the absence of a required bill of lading. However, the property in the goods had not necessarily passed to the buyer so as to entitle recovery of the full price rather than only damages for non-acceptance, according to some dissenting judgments.

Court Disposition

Appeal dismissed

Orders

  • Judgment of Supreme Court of New South Wales affirmed.
  • Appellants to pay costs of appeal.