WAEDEN'S COURT.—This Day.

Thames Star, Volume XIII, Issue 4312, 26 October 1882, Page 2

WAEDEN'S COURT.—This Day.

(Before H, Kenrick, Esq., Warden.) 1

P. K. DONNELLY V. H..8. CAMPBELL.

This was an action for settlement at a dissolution of partnership in connection with the Old Beach and Golden Euri claims.

Mr Miller appeared for plaintiff^ [ Mr H. E. Campbell deposed he remembered a claim called the Brian JBoroiraha. a part of which was. afterwards the Old Beach. He was supposed to have some interest-in,it./: Recollected-the Old, Beach being pegged out and Donnelly and the surveyor did so, on behalf of witness; and the registered owners of the Brian' Bqroimhe. Bejieved Donnelly had an intere'sVinthe Old Beach because he said so. GeorgeJAtkens and Daniel Sullivan were shareholders. Looked upon Don"nelly as holding a third interest, bat now 1 Sullivan claims it.. (A letter, dated 21st,; i was read, purporting to be from Sullivan at Waiorongomai demanding ..onejJbhird, interest in his name.) EeceW^'k'WAiß fer from Sullivan ; never had one from! Donnelly. Donnejly han^edrto witness a{ transfer from Sullivan to nim(Donnelly) ;■ this was afterwards destroyed, so that a transfer might be made to witness direct

as it was necessary that all should be in witness' name to obtain the license. Was willing to settle with either Sullivan or Donnelly. (A. letter dated 23rd from Sullivan to Donnelly was read, in which he advised him to settle with Mr Camp- | bell as from what that gentleman told j him he would get the worst of it. Coun- j sel also put in a written acknowledg- < ment by Mr Campbell of Donnelly being i the owner of one third interest in the Old Beach Claim). Mr Harcourt was employed to make up accounts between them. Donnelly was half holder in the Golden Bun claim with witness. From ' 12th July to 13th September he was travelling back and forward, and had to watch the matter on behalf of the partners, as persons were desirous, to take the mine away; for this he wanted £40. Sold the Old Beach claim and the Golden Run license for £500 and 6000 shares in the Mariner G.M. Co.; 400 of these shares,representing one promoter's share, had been sold, and the proceeds divided with Donnelly. Atkens had been arranged with, but not paid pending this case. McCullough also claimed an interest.

George Atkens deposed—He was one of l^e shareholders in the old Brian Boroimhe and Old Beach claims. He understood the partners were Campbell, Donnelly, and himself, Sullivan holding the interest for Donnelly. He would; rather the thing had been settled out of Court. The time that Donnelly and he were talking of (he matter it was agreed Mr Campbell was to pay for the license, but witness expected to pay his third. Understood the license was to be refunded to Mr Campbell. He thought Mr Campbell should look after the claim gratis, but Donnelly said, " I will allow you £30." Donnelly afterwards explained £25 was for Mr Hennelly and £5 for Mr Campbell. Mr Campbell said that would not cover his expenses, and £10 more was allowed. Was satisfied with the accounts as stated by Mr Harcourt. Donnelly raised ob«» jections to telegrams and the bill of costs generally, also the allotment of shares. Donnelly walked away, and said he was not going to be robbed that way. Don" nelly's a dull sort of a chap,-and its difficult to make him understand things some times. No final settlement was arrived at. Don't recognize McCullough as a partner. : P. X Donnelly deposed—Sullivan has no interest in these claims. It was understood, witness was not to pay anything towards the license. Told Mr Campbell Atkens was a man of money, and he would make him pay his share. There was no arrangement to pay Mr Campbell for his services. Came .from Te Aroha, also went to Auckland in connection with the claims. While in Auckland negotiating, Campbell told him he had the license in his own name, and he could do what he liked. He paid £2 odd for goods,.besid«s £s.paid by Mr Campbell" "Mr Campbell received £4 16s from the tributers. He agreed to allow Mr Campbell £30, viz., £25 for Hennelly ajd ra £JJjie..timbei,.but nothing foritfSTof time. Lost his own time as Mr Campbell did his. . r, --1 ?■ -- (Left sitting.) •