PARTNERSHIP DISPUTE. ATHLETIC AND MOTOR CYCLE CHAMPIONSHIPS.

Gisborne Times, Volume LI, Issue 5346, 5 December 1919, Page 2

PARTNERSHIP DISPUTE.

ATHLETIC AND MOTOR CYCLE CHAMPIONSHIPS.

JUDGMENT FOR DEFENDANT.

His Worship Mr J. S. Barton, S.M., yesterday gave judgment in the action Jack Carlin (Mr Burnard) v. William Nicol and Barney Couth (Mr Blair). The Magistrate said; This matter conies before me in the form of a claim for the recovery of chattels, value £SO, or in the alternative, £SO a.s damages for their detention. The evidence put forward by the plaintiff, however, tended to support a claim for an amount due on settlement of partnership accounts. No formal objection was raised at the hearing to the disparity between the evidence adduced and the nature of the claim appearing on the papers; it was evidently desired that the Court should deal with the merits of the dispute. I find that the plaintiff and the defendant Nicol, at about the month of April, 1916, entered into partnership to cut and sell firewood. The partners had no capital to put into this venture other than their interests in another contract, from which, from time to time, they financed the firewood business temporarily. Both partners worked actively in the firewood business, which was conducted on a cash basis, and in connection with which no books wore kept. The doendant Nicol seems to have managed the business side of the undertaking, and he conducted the sales. lam satisfied, however —that the plaintiff—who at the time lived near the defendant and saw him daily, could have got any information lie wanted about the business or its accounts or results. He was, however, in his own words, satisfied to leave it to Nicol. In August, 1916, I find that some kind of settlement was made. Carlin then received £ls 12s, and I am satisfied that then he either saw or could have seen a statement of the position to date. He then, or shortly after, left the district. on military servico, and returned early in T 919. He then made no application to the defendant for accounts, or for settlement either in cash or chattels, but launched these proceedings. The defendant produces the accounts, which, for such a business, conducted in such circumstances, seemed to me to be reasonably adequate, if they are correct. As to their correctness, Nicol swears that they were made up in August, 1916. ' from original documents, and I find firstly, that Carlin could then easily have checked them for himself: secondly. that calculations for receipts from sales, for wages and royalty paid at the agreed rates show the main figures to be at least approximately correct: and thirdly, that vouchers since produced to me by defendants’ counsel, still further verify the accuracy of the figures I nm quite satisfied, therefore. that these accounts are approximately correct and that nothing is due to the plaintiff from the partnership. At the same time, I do not consider them sufficiently exact to justify me in giving judgment for the defendant for £9 10s on the counter-claim, particularly as tlie demand is first made as a counter-claim to the plaintiff’s present claim Judgment is, therefore, given for the defendants on the claim with Court costs and witnesses’ expenses to be ascertained by Clerk of Court, and solicitor’s fee £2 10s. And for the plaintiff on the counter-claim with Court, costs and witnesses’ expenses, and solicitor’s fee £1 Is.

APPOINTMENT OF OFFICIALS

A meeting of the Poverty Bay Athletic and Motor Cycle Association was held in the Borough Council Chambers last night. Mr F. J. Lysnar presided over a good attendance. A letter was received from the Waikanae Beach Improvement Society, asking for assistance. It was agreed to offer all assistance possible by personal help in the meantime, the matter of pecuniary help to be held over until after the championship meeting. Mr IT. White offered a cup for the championship meeting. The offer was accepted with acclamation. The secretary, Mr H. IT. For ' : reported that a gold medal had been donated by Mr E. M. Hutchinson, and £2 2s had been donated by Adair B'os.

The following officials for the championship meeting were appointed: Referee, Mr F. J. Lysnar; running and cycling judges, Messrs H. White arid J. S. Waclismaim; assistants'to judges. Messrs A. S. Wachsmann. A. Zi'cli.— riah, J. Nesbitt. A. (!. lunn, end C. Crone; judge of high jump, ioig jump and putting stone. Mr T. it. Cordon; assistants. Messrs Chandler. Morrow, and Ogier; liandicappers’ assistants. Messrs Rice and Muirhead ; .snm< rs’ assistants, Messrs A. Sutton, Arlow. E. M. Stevens, Johns, Hogan and N. Bull; general assistants, Messrs K. Cameron, Chandley, Ingram, Hogan, Bull and McClutchy; call stewards for cunning, cycling and field events, Messrs 11. J. Edwards and C. A. Fenwick / call stewards of motor cyling events, Messrs Burgess and Arlow ; secretary’s assistants, Messrs Eversleigh and McKee; protest committee. Messrs Rrimrose and J>. .1. Barry w»re added; motor cycle starters’ assistants. Messrs A. Sutton. B. Sutton. C. Corlolt and E Brown.

The chairman referred to the enthusiasm with which the officers of tlr'* association were working, and said it was an augury of the success of the championship meeting.