DISTRICT COURT.

Tuapeka Times, Volume III, Issue 176, 22 June 1871, Page 6

DISTRICT COURT.

(Before His Honour Judge Gr©y.)

TUB3DAY, JOJVB 13. tforsyih v. Kiteki.ig. — Mr. M'Coy appeared for plaintiff; Mr. Gooday, for defendant, pleaded not indebted, aet-oif, and misjoinder.

Mr. M'Coy, ia opening the case for plaintiff, stated that this action was brought to recover £ 104, balance of account fof scouring and pressing wool. Mr. Kitching, the manager of Moa Flat Station, in January last entered into a contract -with William Joseph Forsyth, jun., and Stephen Fry, since deceased, to scour and press the wool on the station, Mr. lvitohing to supply horse, dray, and harness, firewood, aud cooked rations, not only for contractors, but also as many men as they employed in carrying out their contract ; also a tax*paulin. The contractors were to get. soap and soda at invoice pricM. They were also to receive Id per lh. for all wool scoured. Just after the completion of the first item in the bill of particulars (33541b 3 ), Mr. James Forsyth cime to the station to take his son away, but finding him profitably employed, did not do so. The two young men ( Foray th, jun., and the late Mr. Fry) wished Mr. James Forsyth to join them in the contract. Mr. Kitching also expressed a wish, to the same effect. Mr. forsyth, aenr., agreed and remained. Mr. Forsyth, seer., was to receive a third share in all profits, and liable to all losses made by the firm. Mr. James Forsyth took the management of the contract, as he was an expert at the business. William Joseph Forsyth, swora v said — lam a wool scourer, Mr. Fry and myself entered into a contract with Mr. Kitching iv January last to scour the wool on the station. Mr. Kitchiug was to supply horse, dray, and harness, firewood, and cooked rations for as many men as we wished to employ, soap and soda at inroico prices. My father arrived about ten days after we commenced the contract. It was arranged between Fry, my father, and myself, that my father should jom na in the contnust, and that Fry should join us in business iv Southland afterwards. 1 believe all hands on the station knew that we were partners. My father paid some accounts out of his own pocket on the joint account of the firm. Mr. Kitching had no right to pay our men wages ior us. I do not think the amount paid is correct. Tho harness charged iv the set-off was in very bad condition when we got it. I believe that Mr. Kitching has the tarpauling now. Mr. James F.»rsyth, sworn, said — I am a wool sorter. I was at Mod Flat Station in January last. I went there for my Bon, buc finding he had taken this contract, I agreed to stop with them. I spoke to Mr. Kitching about it. Mr. Kitching said he should be glad if I would stop. He was very anxious to get the wool scoured aud away. I have been engaged in the wool business all my life. Mr. Fiy had no experience in tha business. I bought all the calico Brighton had, and paid for it out, of my own pocket, for the use of the firm. 1 should not have done so if I had not been a partner. 1 consider the prices paid for Fry's funeral excessive, and many of the accounts paid for the firm are incorrect. Mr. Gooday, for the defence, would not acknowledge the elder Forsyth as a partner at all, anil contended that as the contractors, William Joseph For-syfch, jiinr., and Stephen Fry, deceased, were both infants at the time of making the contract, Mr. Kitchiug would not be justified in paying to either of them the whole of the price of the contract. Mr. Kitchmg had pursued, under these circumstance?, the ouly proper course for him to adopt, which w.is, after deducting the funeral expenses of the dicec'ised. to pay any money duo to the deceased over to the Curator of Intestate Estates. Mr. Kitching has done so, and I now produce the reojipi from the Curator for the same. J. F. Kitching, sworu, said — I am nianagdr of Aloa Flat station. I entered into a verbal agreements with Forsyth. juu.. and the deceased Mr. Fry in January last. 1 wai to pay wa^es for th.^m. The 'nan would not work without my guarantee. Mr. Atkinson, my assistant, can pro re thatime and money paid to be correct. They took a tarpaulin, and destroyed it by placing wet wood on it. 1 paid the expenses of Fry's funeral. I ne^er sp.»ke to the elder Forayth about sapping to my knowledge. '1 hey never told me they were partners. I never refused to gi\ r e them up the calico. — Atkinson, sw.>rn, testified to the time as paid to the men being correct. The tarpaulin was a good one when the plaintiffs got ifc. X c i 3i 3 -useless noyr. I spoke to them about laying it on the ground. His Honour gave judgment for the plaintiffs, and tnat the calico sheets should be give up to the plaintiffs, and £12 in addition to the £33 already paid into Court, also counsel and witnesses' expenses. Mr. Gooday, on behalf of Mr. Kitchmg, asked for one month to pay the amount. Granted.