SUPREME COURT.

Tuapeka Times, Volume V, Issue 249, 7 November 1872, Page 6

SUPREME COURT.

NISI PKIUS SITTINGS.

(Before Mr Justice Chapman.)

October 29.

PEARCE V. SftYTH.

This was an action arising out of the first section of the Olutha contract. According to the plaintiff's evidence, he and Chaplin entered into the railway contract, each to have a half share of the profits, but he was to di aw L 4 lOs a week by way advance, to enable him to live. They adopted " Pearce aud Chaplin" as the name of the firm ; in that name a tender was drawn up, but three weeks after it was sent in, Pearce learned from Chaplain that he (Chaplain) had found it necessary to alter the firm's name to Chaplin and Co., in which name the tender, which was accepted, was sent in. Shortly afterwards, Chaplin went ont of the concern, because with his coaches he could not attend to it. Before goiug out, he asked Pearce to get someone to take his place ; the latter said he could carry the contract on himself if Chaplin advanced him L4OO ; but Chaplin thought it better to have some one eke. on. In April, Smyth took Chaplin's place ; aud for Pearce it is contended that his interest remained undisturbed. He alleges mismanagement on the part of Smyth, which ha» involved the partnership in a loss of LIOCO, and denies that the partnership, so far as he is concerned, was terminated by insobriety.

October 30.

The case for the defendant was gone into yesterday, and resumed to-day. Mr Chaplin, in his evidence, denied that at the outset there was any arrangement that Pearce was to have any interest in the contract ; it was only after his tender bad been accepted that he told Pearce he should have an interest in the job. He never arranged that Pearce should hax'e &v atlvance fco l>e deducted nltiniately from his share of the profits. Up to th« time Smyth entered the concern, he did not in any way recognise Pearce as a partner. Smyth promised, if things turned out right, to give him (Chaplin) a third of the profits ; and he told him afterwards that he had arranged that Pearce was to have another third, and for that third it was understood he would have to -work. The defendant Smyth, iv his evidence, said that before he .went into the concern it was arranged that, as he was to find the money, he was to have entire -management ; that Pearce, .wasts; have a third share of the I ' profits, and to .work, and that there was nothing 1 said about his receiviug maintenance moneyj; nor was any arrangement as that heard ever come to. Under the most favorable circumstances L3OO or L4OO would be lost on the contract! The jury returned a verdict substantially in favor of the defendant, answering the issues as follows : — That Pearce and Chaplin agreed to become partners, but not. under the style of Chaplin and Co. ; that, such partnership was not on the terms that Chaplin should find the capital . required, and the profits should be "divided equally ] between him and Pearce ; or thai^the , latter , was to be paid L 4 10s weekly, to be afterward, deducted from his profits, that Chaplin assigned his interest to Smyth, who became jointly interested with Pearce, on the same "terms as Chaplin, each having a third share. Ilia Honor certified for a special jnry.

Antimony orchaa been found at Coiuiadai, Bacchus Marsh district. The "Alsatian giantess who has decided to remain French" is tho newest patriotic prodigy at the French fairs. ' A musician at Huddersfield has been sentenced to eighteen months' imprisonment tor various domestic offences, including playing the " Dead March in Saul" over hi 3 wife during a severe illness. Cricket is becoming acclimatised in Geneva, though its popularity is retarded by tfce Bwiw xerror of fast bowling.