A MINING DISPUTE.

Kumara Times, Issue 2665, 23 March 1885, Page 3

A MINING DISPUTE.

His Honor Mr Juetice Higinbotham in the Second Nisi Prins Court, Melbourne, on Wednesday, 4th inst., delivered his reserved judgment in the case of Sampson v. Morin. The plaintiff, Nicholas Sampson, a vigneron residing near Castlemaine, sued Stephen Morin, and Battisti Mouso, of Daylesford, miners, to recover £l2O due to him. The plaintiff owned a mine in the Castlemaine mining district, and in March, 1883, sold a fourth share of the mine to each of defendants; In April the parties agreed to buy a battery and engine for the mine from Mr James M'Millan, of the Ajax mine at Daylesford. When the contract was signed, and £5 paid by the plaiutiff as deposit, the defendants refused to pay their quota of the coat of the machinery, on the ground that the bed of the engine waa broken. M'Millan then commenced an action for breach of contract against Sampson, who settled it by paying £l5O, and about £9O in costs. He now sought to recover from tho defendants their share of the £l5O and the costs. His Honor, in delivering judgment, said that the defendants were clearly liable, as they were partners of the plaintiff. It waa their duty to either help Sampson to defend the action brought against them by M'Millan, or defend it themselves. He ordered the defendants to pay £59 19s each to the plaintiff, as well as the costs of the present action.

The St. James' Gazette says that life was never so unsafe in London as at the nreseut time,