A PARTNERSHIP DISPUTE.

Evening Post, Volume LXIV, Issue 44, 20 August 1902, Page 6

A PARTNERSHIP DISPUTE.

The Chief Justice to-day hoard the sase brought by Thomas Whyte Young, iVthur Young, Campbell Young, and Alexander Young, carrying on business w the Casth? Tea Company, against 3eorge Henry Colegrove, tea merchant. Mr. Bell appeared for the plaintiffs and Sir. Jellicoe for defendant. Prior to Ist January, 1901, defendant :arried on business in Wellington as * ;ea. merchant under the style of G. H. Colegrove and Co. On that date plain,iffs entered into partnership with d«ondant and carried on the same business mder tho stylo of The Castle Tea Company. An action having been commenced jy plaintiffs to determine the partner»hip, the parties on 24th July last exe:uted o. deed of dissolution. Plaintiffs row stated that they had performed all lovenants and provisions required of them n the deed, but notwithstanding tho sale >y defendant to plaintiffs of his interest n tho goodwill of the business the deen dant had taken a list of tho cu-stomers >f the partnership, and was now solicitng their custom, and had sent them a iircular in tho courso of whioh he stated hat tho plaintiffs are continuing .to conluctv a tea business under the stylo of the Dastile Tea Company notwithstanding that ;he Castle Tea brands had been broupht with, him out of the partnership. Defendant had also advertised in the press Plaintiffs feared they would suffer if defendant continued to solicit the customers of the late partnership,' and now asked that ho should be ordered to deliver to them all lists of these customers flhat are -under his control, to discontinue the publication of similar advertisements, and that the Court would restrain tho defendant and his employees from soliciting or in any way endefivouring to obtain orders for goods similar in character to thoso dealt with by the Cast.le Tea Company from persons that were customers of tho company, or from attempting to tuke away any portion of the business assigned to them by deed on 241h July. The statement of defence act fortn, inter alia, that in tho original deed of partnership it was provided that upon the termination of the partnership either of the partners should be at liberty to advertise the dissolution and to send noticoa thereof to customers nnd others, but neither of the partiea should without tho consent in writing of the others carry on any similar business or any business for the sale of teas under the style of tho Castle Tea Compandor any similar name. Defendant denied 1 " that under tho deed of dissolution tho plaintiffs acquired any right to prevent the defendant from competing wibh tho plaintiffs in the same line of business or from publishing to the world by advertisement or otherwise tho fact that ho intends to carry on business under the name that he traded under before the partnership. Defendant also denied having taken a list of customers for any unfair or improper purposes, or having specially solicited tho customers of the company, to transfer their custom to himAfter hearing legal argument his Honour reserved judgment.

Owing ,to the vacation being taken earlier than was expected the football matches which were to have been played by Wellimrton College against Christ's College, Wtinganm Collegiate School an 4 N«lson College have been ftbwid.oaed.