SUPREME COURT.

Auckland Star, Volume XXXIII, Issue 122, 24 May 1902, Page 6

SUPREME COURT.

TB3TBBXKAT.

(Before His Honor Mr Justice Conolly.)

James Sims v. Alexander Watson, application for decree for a declaration ot Lcounts in a partnership which plaintiff alleged existed between himself de-fendant-Mr Reed appeared for f aintiff. and Mr Napier for the def ence.-Af ter we went to press yesterday afternoon evidence was taken for the defence, which was a denial that any partnership exAlex. Watson, defendant, stated that he had had experience as a naval shipbuilder. Before he signed the contract in question he had no conversation whatever with Sims. After ascertaining what timber he required he ordered it himself. Plaintiff stopped witness one day in the street and asked him if he would give him work, and witness told plaintiff he would give him 10/ a day. On the day that he (witness) started the men at the job piuindrt cuae tv mm ai±a cou.. he make a start. Witness said he could at It)/. Up to that time Sims had not seen the plans or specifications of the punts. Witness told plaintiff he was to go to work as an ordinary man, but that when he (witness) was away he (plaintiff) was to represent witness. Plaintiff did nothing but supervise the labour, he keeping the time of the men and paying their wages, witness drawing the cheques. Witness denied plaintiff's statement that he (the plaintiff) came down early in the morning to lay out the work. Plaintiff never asKed to see the accounts. Three weeks or a month after the Harbour Board settled up with him for the job plaintiff met him in the street and said, "How much are you going to give me out of that jobV" Witness replied, "Did I not pay you your wages?" Plaintiff then said, "If you don't give me something I'll claim a partnership." Witness did not tell him to "go to the devil." The contract was accepted on April 2nd, 1901, and signed for on April 9th. Witness denied going to Sims early in April and telling him that he thought he (witness) had made a mistake in his estimates. Plaintiff did not tell witness that a profit of £400 or £500 could be made out of the job, and witness denied offering to take plaintiff into partnership. Witness also denied other statements of plaintiff as to conversation re the alleged partnership, and denied telling plaintiff, after the work was completed, that he had not been paid by the Harbour Board.

To Mr Reed: Witness practically said that plaintiff's story was a tissue of falsehoods. Witness said that Bailey's statement that witness, visited his yards (several times when Sims was there was quite untrue. Witness denied the remarks attributed to him by Nicholson.

Frank Watson, son of the defendant, said that Sims worked on the contract as foreman. The balance of his evidence corroborated that of defendant.

The Court then adjourned until 10 o'clock this morning.

When the Court met this morning, Mr Napier, counsel for the defence, announced that the parties had arrived at an amicable settlement of the dispute, and the case accordingly terminated.

This being the last case upon the civil list, the Court then adjourned. The usual sitting of the Court will be held next week.