Article image
Article image
Article image
Article image
Article image
Article image
Article image
Article image
This article displays in one automatically-generated column. View the full page to see article in its original form.


[Before his Honor' Mr. Justice Johnston.] Friday, July 19, 1861. • civil jurisdiction.

The following jurymen were sworn: T. B. Louisson, Wm. Louden, John Lock, Wm. Lightfoot, John Leahy, J. A. Langford, John Livingstone, Wm. Lockyer, John Lines, Alexander M'Farlane, Stephen Limmer, Peter Levy.; Henry Strom Martin v. Samuel Strong for alleged damages, amounting to £550. Mr. Kingdon appeared for plaintiff, and Mr. Stamper for defence. Nonsuited. '.-'■■

Ninian Tertkts Lockhart v. Thomas Snow, for £307 19s. Ofd., for goods sold and delivered. Mr. Cart hew appeared for plaintiff, and Mr. Adams for defendant.

N. T. Lockhart, sworn: Was a storekeeper in 1859 in Trafalgar-street; the same premises have been occupied by T. Snow since 1859; an agreement was made, a verbal one, that I was to sell and give up the goods on the premises at prices to be taken at valuation, subject to a set off due from me to Wm. Snow, the father of the defendant ; payments for the balance were to be made in bills; Henry Dodson was to endorse them, and defendant was to accept the bills; I have not had the bills ; I refused to give up the store to the defendant till 1 got the bills; Dodson promised to give me hills in the morning; Dodson acted as agentjfor Mrs. Snow, the defendant's mother; I gave up tho premises upon the faith of Dodson's words; I did not get the bills, neither have I received payment for the goods; the inventory produced is a copy of the one I saw taken by Mr. Aitken and Mr. Stanton, of all the goods on the premises; I handed the defendant the inventory signed by Messrs. Aitken and Stanton, with the prices thereto attached; he said he would look over and see if it was correct; there were some minor errors of a few shillings; but the arrangement was that the invoice was to stand as it was.

Cross-examined by Mr. Adams: I was living in the house which Mr. T. Snow is now in; I took a lease of the premises from Mr. Snow; I latterly paid my rent to Mrs. Snow; kept a" Separate private account for Mrs. Snow; I was indebted to Mr. Snow a few hundred pounds; I was pressed by them for that amount; I entered^into the agreement produced 18th July; the inventory was made in consequence of that agreement; I was acting with Mrs. Snow for Mr. Suow, she being the most prominent person in the transactions; Mrs, Snow was not in possession when Dodson promised me the bills; I gave the key to T. Snow, who afterwards occupied the premises; he is of age; defendant promised to sign the bills along with Dodson. (His Honor here suggested that th is was a case for settlement out of court, but the counsel agreed to proceed with it.) Examination continued: I acted upon the advice of my lawyer iv proceeding with Thomas Snow ; Mr. Thompson acted as my agent during my absence in England, by giving him power of attorney ; do hot know whether he has done any business since my return; I have not paid the £I^s due to Mrs. Snow. - ■'...,

William Moses S-anton: I was called in to value the goods in this case; was called in by Mrs. Snow, the mother of defendant; that is my signature at the end of the inventory; the defendant was one of the party. Cross-examined: Understood there was to be a change iv the business, as Mr. Lockhart was leaving ; was under the impression that Mrs. Snow was the purchaser; as far as I know I cannot say that defendant had anything to do with it; the business is conducted tinder the name of Thotnes Snow.

Henry Dodson, sworn: Am a brewer, residing at Blenheim, and am brother-in-law to defendant; I negotiated the matter between Mrs. Snow and Mr. Lockhart; she conducted the business for her husband; I assisted Mr. Lockhart in drawing this agreement, under which a valuation waa made, and the goods were delivered. I promised Lockhart that I would endeavor to obtain bills for the balance due to him, and afterwards promised on my own account, in: conjunction with Thomas Snow. I did not gi*e the bills. Cross-examined: Thomas Snow was acting as his mother's agent; 1 considered I waa ac'ing for Mr. Lockhart; Thomas Snow said he would join me in giving bills if his mother would consent to it; she would not agree, and was angry with me for promising to do so. Mr. Carthew on the part of the plaintiff agreed (o a nonsuit.

This article text was automatically generated and may include errors. View the full page to see article in its original form.
Permanent link to this item

Bibliographic details

SUPREME COURT., The Colonist, Volume IV, Issue 391, 23 July 1861

Word Count

SUPREME COURT. The Colonist, Volume IV, Issue 391, 23 July 1861

  1. New formats

    Papers Past now contains more than just newspapers. Use these links to navigate to other kinds of materials.

  2. Hierarchy

    These links will always show you how deep you are in the collection. Click them to get a broader view of the items you're currently viewing.

  3. Search

    Enter names, places, or other keywords that you're curious about here. We'll look for them in the fulltext of millions of articles.

  4. Search

    Browsed to an interesting page? Click here to search within the item you're currently viewing, or start a new search.

  5. Search facets

    Use these buttons to limit your searches to particular dates, titles, and more.

  6. View selection

    Switch between images of the original document and text transcriptions and outlines you can cut and paste.

  7. Tools

    Print, save, zoom in and more.

  8. Explore

    If you'd rather just browse through documents, click here to find titles and issues from particular dates and geographic regions.

  9. Need more help?

    The "Help" link will show you different tips for each page on the site, so click here often as you explore the site.