SUPREME COURT.
NISI PEIUvS SITTINGS
Tins D;.v. (Before Mr Justice Chapman.) I'EAUCK V. S.MVTII. This was an actiou arising out of tbo first section of the Clutha contract. According to the plaintiff’s evidence, ho and Chaplin entered into the railway contract, each to have a half share of the profits, but he was to draw L 4 10s a week by way advance, to enable him to live. They adopted “ Pearco and Chaplin” as the name of the firm ; in that name a tender was drawn up, but three weeks after it was sent in, Pearce Jearnul from Chaplain that he (Chaplain) had found it neesssary to alter the firm’s name to Chaplin and Co., in which uapre the tender, which was accepted, was sent in. Shortly afterwards, Chaplin went out of the concern, because with his coaches ho could not attend to it. Before going out, lie asked Pearce to get someone to
take his place; the latter said he could carry the contract on himself if Chaplin advanced him L 40 0; but t haplin thought it better to have some one else on. In April, Smyth took Chaplin’s place ; and for Pearce it is contended that his interest remained undisturbed. He alleges mismanagement on the part of Smyth, which has involved the partnership in a loss of LIOCO, and denies that the partnership, so far as he is concerned, was terminated by insobriety. [Left sitting.]
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https://paperspast.natlib.govt.nz/newspapers/ESD18721029.2.10
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Evening Star, Issue 3024, 29 October 1872, Page 2
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238SUPREME COURT. Evening Star, Issue 3024, 29 October 1872, Page 2
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