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