WARDEN'S COURT, AHAURA.

Grey River Argus, Volume XII, Issue 1305, 4 October 1872, Page 2

WARDEN'S COURT, AHAURA.

Saturday, September 28. (Before Mr Warden Whitefoord.; Lock v. Eaton and Canley.— A claim of L 29 disputed balance of accounts. A nonsuit point »-as raised for tho defendant, but the Court overruled it. The claim was eventually reduced to Ll2. The parties were co-adventurecs with a person named Burke in a mining claim on the Mosquito Lead, Napoleon. The dispute arose about the distribution of a parcel of 13oz 13d wt of gold, the proceeds of a washing from the claim. The complainant was a non-working partner, and the defendant Eaton was the practical manager, : and kept the accounts. On the gold being obtained, Lock requested that the liabilities incurred on account of the claim should be liquidated before a dividend was declared. Part of these liabilities was for the rent' of water used to obtain the gold. Instead of paying oft the debts Burke was allowed by the defendants to draw a gross dividend, and it was now sought ,to make Eaton and Canley liable for Burkes share of the water rent and other expenses. There was virtually no defence to the action on the part of the defendant Qanley, but it., was shown that Eq,ton paid Lack's dividend to his credit in to the storekeeper with whom the party traded. He also, at the same time, settled his own share of the liability of the claim. A. verdict was given for the defendant with respect to Eaton, and for the complainant in the case of Canley, who was adjudged to pay L 5 Is 6d with costs. Mr Staite for the defendants. The Court was adjourned to the 4th of October. .