AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 305, 20 June 1879, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Thursday, Ju.\k 12. (Before Justin Ayhner, Esq., R.M., and W. B. Tosswill, Esq., J.P.) 'Civil Cask. curregh v. vangioni. Claim, £41 13s l£d. Mr Joyce for the defendant. S. Curregh, the plaintiff, stated that the amount claimed was balance of wages duo him for work done On the Mount Bossu road contract at Wainui during the past seven or eight mouths. Crosa-exuinined by Mr Joyce—l am not a partner of defendant's. At G.vst we got back and forwards to our work by the steam launch, I do not know to whom the fares were booked ; never paid any. AAoi'vvarda I bought a bout from Mr Biilens for Ihe ?amo purple, and afterwardij ::->•]• 1 tho bout for ■_'■', and divided the mo-joy '.Tnongot my i.t,!;**; ai'i.i:r pnym,uj for pickimr ncr tip ov.d keeping ijl lor myself. Jiim;;ii aud John Limdr-jgari were my mates. I went .to the Iload Board efuc.;, iAad of Ak> i>ay, last '-jat-i-day week and hoard th'! Chairman tel! dofo;*il<;)ii that thorn v.-.ti £5° <.';--.!:i:.i ; ; :-.> hAa ou tho enii-iael. i WiVi ap.jobovu oi' A:e job .-d iir-.t, a-; V utiyi'." m oou.'l not at'ead ':.:> ir. Did not state h; tho oro.-eiice of tho AoaoA I wou'd either ua.-e all the Abu; .;•..■■.i . .s-.v0.-'.'-b Idida'-.w the;- .:. do not .s<»}";};v- so. U ••.'.-■-. ii.,;,! oar •.;•■ I

the value of the work at £5 10s per chain; defendant made it £5 6s. I told him I would not go in at this price, as it was too low. I did not tender. I saw by the Mail that defendant had got the work. Ho afterwards, told mo I could still come' in as a partner. Myself and tho Landrogans went to work on this understanding. We had some words about tho job a month after it started, when we were told.-.w'e had nothing to do with it. There was no writterr agreement ,* it was only verbal. I was to keep -the books and look after the work. Idu not know how much the deposit was ; left £18 in defendant's hands from a previous job from which he could take the deposit. For the first month I thought I was a partner, afterwards I was doubtful. We had no conversation about dissolving the partnership. Stayed until the job was finished. I asked defendant for my wages in the presence of my mates. By the Court: I did not ask for money, I asked for Wages ; no arrangement was made that I could leave the work when I wished; after the first month no fresh arrangements were made ; defendant said nothing about getting 6d per day profit out of each man, we were all to get paid for our work, and if any profit afterwards it was to be devided ; never told anyone I was a partner after the first month ; Ido not know if any of the tradespeople _ we have been dealing with have bills against me ; never spoke to the defendant about progress payments I saw by the papers he was getting from the Board ; I saw the contract at the Road Board office, and it was signed J. Vangioni. John Barwick, Clerk to the Akaroa and Wainui Road Board, produced the original contract; for the work, signed J. Vangioni, but always understood the plaintiff and defendant were partners ; indeed, plaintiff had told him so himself not later than three weeks ago. Mark Wright had supplied the camp with mutton, and rendered bills monthly ; looked to Vangioni always for the money, and did not know anything about a partnership. William Barrett always understood they were partners, on the principle that a captain talks of *' my ship," though the ship does not belong to him. J. Vangioni, the defendant, stated that the plaintiff had been employed by him for some time, and wished him to go in for this job, which he did on the understanding that he got 6d per day for every man as his profit. The amount of the deposit was £47, anil had contributed towards that. Witness never told plaintiff he was not a partner ; when he asked for money he got all witness got from the Board. The work was not properly done, and Mr Fenton, the Engineer, made a deduction, hence he believed the present action. Plaintiff only gave him an account for wages last Monday week; never remembered saying at the camp he was not a partner. Ey Mr Joyce :—Did not remember if Curregh said he would have all the money or none. Rows were of daily occurrence, and witness took no notice of them. F. W. Williams, the Chairman of the Board, was the nest witness, and gave evidence similar to that of tho Clerk. James Landrogan, one of the partners in the job, gave evidence, and explained how the tender was arrived at and sent to the Board's office. D. Gregor, the cook at the camp, gave evidence that all understood the job was a mutual one. All the stores were got from Vangioni. W. M'Kay, farmer, Wainui, always understood the whole party were mates, and took orders as to removing the camp, &c, from Curregh as if he were " boss." Mr Joyce then summed up for the defendant, and said that if there had been no deductions by the Engineer for the imperfect work, the present action would never have been heard of. He quoted from Lindiy on Partnerships to show that writing was not necessary to constitute such. The plaintiff's admission that he a partner for a month and he takes no steps to do away with the. partnership he thought was fatal to the case, and he asked for judgment accordingly. The Court, in giving judgment, deprecated the system of working men going into partnership with storekeepers ; it was allied to the truck system which had been put down in England. The judgment would be for tho defendant with costs—solicitor's fee, £3 3s ; Court expenses, £7 10s ; and witnesses, £7 Ids ; total, £18 19s. Tho Court then adjourned.