Even more extreme instances are to be found in -- 'Tata Iron and Steel Co. Ltd., v. Charles Joseph Smith', AIR 1930 Pat 108 (Z4), -- 'Krishna Prasad v. Pratap Narayan', AIR 1934 Pat 608 (Z5) and -- 'Mool Chand v. Lalta Prasad', .
17. Vide also -- 'Georgia R. & Bkg. Co. v. Smith', (1888) 128 U. S. 174 : 32 Law Ed. 377 and -- 'United States v. Illinois Central Railroad Co.', (1934) 291 U. S. 457 : 78 Law Ed. 909.
In discussing the legal aspect of the case Lord Fairfield referred to the English decisions, chiefly to -- 'Cauringtons Ltd. v. Smith', (1906) 1 K.B. 79 as well as the decision of the Court of Appeal in -- 'Reading Trust v. Spero', (1930) I K.B. 492 to which the learned Law Lord himself as Lord Justice Greer was a party.
In the case which was ultimately decided by the House of Lords in Samuel v. Newbould (1906) AC 461, there was considerable discussion as to the considerations with reference to which this question of the rate of interest being excessive was to be decided and in another case reported in Carrlngtons Limited v. Smith (1906) 1 KB 79 Channel, J., who was one of the learned Judges who decided the House of Lords case at an earlier stage, forcibly pointed oat certain difficulties attending the decision of this question. The same matter was also raised before the House of Lords and it may be useful to refer to the observations of one of the learned Lords in that connexion. At p. 473 in 1906 A C Lord James observes:
[See: Rutter and Co. v. Smith (1901) 18 RPC 49 (High Court of
Justice, Chancery Division); John Knight & Sons v. Crisp
(1904) 21 RPC 671 (High Court of Justice, Chancery Division);
Burberrys v. Watkinson (1906) 23 RPC 141 (High Court of
Justice, Chancery Division); Armstrong Oiler Company Ld v.
Patent Axlebox and Foundry Company (1910) 27 RPC 362
(High Court of Justice, Chancery Division)]. In any event, to
show that the Defendant was „availing‟ a jurisdiction, a series of
transactions by way of commercial dealings would have to be
shown to have taken place within the forum state.