DISTRICT COURT, CLYDE.

Dunstan Times, Issue 938, 9 April 1880, Page 3

DISTRICT COURT, CLYDE.

Monday, stii April. (Before His Hofiour Judge Harvey.) Jeremiah Drummy v. John Cole Chappie. Claim L 199 15s, reduced to this amount to bring it within the jurisdiction! of the Court. Defendant put in a set-off of LSI 17s 6d. Mr H. J. Pino, solicitor, appeared for plaintiff, and Mr F. J, Wilson for defendant. This was a very peculiar case, and involved several questions. It appears that plaintiff and defendant had been partners in several road contracts, that they went in company to Lawrence to inspect the plans and specifications of road works in tlie Tuapeka County for which tenders were invited, and according to the contention of the plaintiff they wont together as partners. Plaintiff also contended that defendant, knowing nothing about making out estimates and quantities, that he did that work, and that defendant morely made a fair copy from his rough figures, that they ■—that —tendered for the contracts, and defendant tendered for one each in their separate names, an understanding being that whatever tenders were accepted they were to he partners, that the contract defendant tendered for was specially desired by them, and that it was accepted. Plaintiff then says that he went on the con-

tract between M’Giinns ami the Junction Hotel and started tiid men to work, that he then went to Tapanui to order timber and oats for the contract, and afterwards went to Dunedin to older ironwork ; also that he sent three horses, two drays, and two men on to the work, the whole of which were engaged. Plaintiff then says that he knew nothing but that things were going right until the contract was completed, and he was served with a statement of time the horses, drays, and men were worked. Plaintiff saw by this that it was not intended he should be Recognised as a partner, and being satisfied he could not prove partnership, he made out an account, hire of horses, drays, and men, travelling expenses to Tapanui, Dunedin, &c., and sent it to defendant, and failing a settlement of this plaintiff brought the action. The contention of defendant was that it was never intended they should be partners, and that they merely travelled to Lawrence together for company, and that so far from plaintiff making out the estimates and quantities of the various contracts, that ho had obtained them from Mr Smale, the Tuapeka County Engineer, and moreover had paid him for them either L 3 or 3 guineas., and further that plaintiff did not go either to Tapanui or Dunedin on his (defendant’s) account, but that as he was going to both places to order material for other contracts he had on hand, he proffered his services to Order V/kat was required. A number of witnesses were examined as to charges for horses and drays and men. His Honour in giving judgment said the whole thing he could see was a quarrel between relations, and he was asked to settle the difference. The price charged, 30s per day for 3 horses, 2 drays, and 1 man, was perfectly reasonable, and he would allow also other small items, amounting in all to Lll3 19s fid. Of the set-off he would allow L7o 4s 10d, which would leave judgment for plaintiff for L3S 14sj Bd, and L 9 7s costs. Drummy v. Vincent County —Settled out of Court.

IN BANKRUPTCY. lie Angus M’Kay—Application for an order of discharge. Mr Wilson for bankrupt. Mr Finn, for creditors and trustees, who opposed the application on the ground that bankrupt had obtained credit by falsely representing himself as the owner of an entire horse, whereas he was only renting it; and also that be had made a preference of certain creditors by paying them in full a short time before bankruptcy. Bankrupt having nolhing to advance against the accusations, in fact admitting same in evidence, his certificate was suspended for 12 months; and the creditors were advised to sue for the recovery of certain horses the property of bankrupt, but which bankrupt said bad been mortgaged, and also for the recovery of the entire horse KelewSrrib lie John Cochrane.—Application for discharge. Mr Wilson for bankrupt. Mr George Fache, Creditors’ Trustee, read his report in favour of the application being granted, after Which the bankrupt was examined as to an agreement between himself and Mr J. C. Chappie for the farming of certain land, the replies to same being satisfactory. The application was granted.