PARTNERSHIP CLAIM

Taranaki Daily News, 17 October 1935, Page 6

PARTNERSHIP CLAIM

PARTNER SUES FOR SHARE.

STRATFORD MUSICIAN NON-SUITED.

A civil action was ended abruptly at a very early stage at the Magistrate’s Court at Stratford, yesterday, when W. A. C. Brieseman, suing. Vernol Henry, Gordon Sayers and William Vinsen for £l4 16s 3d, was non-suited by Mr. W. H. Woodward, S.M. The sum claimed was stated to be the unliquidated balance of a partnership account between the plaintiff and the defendants, who were carrying on a business at Stratford and elsewhere as a dance orchestra known as the Valencia Dance Band, and was alleged to be due to the plaintiff at the time of the dissolution of the partnership formerly existing between them on or about September 4, 1935. Mr. H. E. Lawrence appeared for Brieseman and Mr. N. H. Moss for the defendants.

The statement of claim was made up as follows: Amount incurred by plaintiff on behalf of partnership for straps on instrument box, 16s; plantiff’s share of various accessories enumerated, £1 15s; proportion of cost of springs fitted to car as a result of extra weight of box on back, £1 15s 3d; recorded mileage of plaintiff’s car used by partnership while plaintiff was in hospital, £2 12s; four gallons of benzine left in car, 8s; plaintiff’s share of value of the name "Valencia” and of the goodwill, £5; share of profits from date of plaintiff’s entry into hospital until September 4, £1 10s; amount for use by defendants of partnership property from September 4, 1935, co the date of judgment, £l. Explaining tire circumstances of the case Mr. Lawrence stated that the Valencia Dance Band had been, formed by three people, and a fourth was taken in later. Several changes had been made in the personnel of the band,'but the remaining partners at the time of the dissolution of partnership were the plaintiff and the three defendants. Brieseman had been forced -ut of the partnership, he said. He. called Brieseman to give evidence.

Before the plaintiff could reach the witness box Mr. Moss, rose and asked for a non-suit. He admitted that It was an unusual procedure at such an early <stage, but claimed that the plaintiff’s own proceeding as filed showed that there was no suit. A partner had no course of action against his fellow partners until the partnership was wound up and the partnership accounts settled, and the fact that Brieseman was asking for the accounts to be taken was alone sufficient indication of the position without any evidence being called on the point. . The plaintiff had misconstrued his remedy, said Mr Moss. An unliquidated balance of partnership accounts could be reached only after a dissolution of partnership. His proper course would be to apply to the court and ask it to take the accounts and to appoint a receiver.

The magistrate: Of course this is a small matter, Mr. Moss, and this is the people’s court. Mr. Moss: The court never does the taking of accounts. It is not a convenient procedure. Who is going to define the monetary value of the name “Valencia,” for instance? Would the plaintiff be prepared to buy it at the value he places on it—£2o? He submitted that the procedure was in order, said Mr. Lawrence. The partnership was dissolyed. How was a partner who had been turned out of a partnership to get his rights? The magistrate: No. Mr. Lawrence, Mr, Moss is perfectly right in saying that the plaintiff c„nnot sue his late partners or co-partners until the accounts have been taken. That is undoubtedly the legal position. Mr. Moss stated that his clients were quite prepared to meet the plaintiff to discuss the accounts “round, the table.” They had in fact made the plaintiff an offer before the action was taken, but it was not accepted. He still wanted his non-suit, hovrever, and costs. He had spent a good deal of time in looking into the case. The magistrate granted the non-suit and costs 10s 6d. GENERAL ITEMS. Eltham Houses in Demand. There has been a brisk demand for house property at Eltham and during the past three months no less' than 10 houses were sold. Five of the properties are situated in London Street. In four cases the purchaser • came from another town to settle at Eltham. There is also a good demand for rented houses and these are difficult to obtain. Eltham Plunket Work. An interesting talk was recently given by Nurse Fitzgibbon to members of the Eltham branch of the Plunket Society on the work of the recent Plunket conference at Wellington. She stressed the importance of bringing children of preschool age to see the nurse at least twice a year and the necessity for attention to babies’ teeth. Eltham Health Stamp Campaign. Good support was given the shop day at Eltham yesterday to assist the health stamp campaign. Produce given by the townspeople and country residents was readily disposed of by a combined committee of women’s organisations and the funds will be considerably augmented as a result.

Eltham cribbage Winners. Mr. and Mrs. A. Corkill were the winners of prizes at the Eltham Legion of Frontiersmen’s cribbage evening on Tuesday. Consolation prizes went to Mr. Bennett and Mrs. W. J. Wilson. Eltham Athletic Club.

Messrs. J. M. Bates and L. H. Clapham (Hawera) were appointed handicappers to the Eltham Amateur Athletic Club on Tuesday. It was recommended that the opening club night be held on the second Thursday in 1 November. A suggestion was made to hold a gathering at which the trophies won last year would be presented. Mr. T. R. Bourke thanked the club for running events for footballers and Mr. F. R. S. Bullen thanked members for assistance with the Bayly Scholarship sports.

Golf Match The women's golf match, Stratford v. Waitara, set down to be played at Stratford yesterday, had to be abandoned owing to rain. Civil Cases at Stratford.

Judgment for plaintiff by default was given in the following civil cases by Mr. W. H. Woodward, S.M., in the Magistrate’s Court, Stratford, yesterday: John Aitken v. H. H. White and W. H. White, 15s (costs 10s); Cecil J. Lamplough v. T. Bellamy, £1 Is 5d (costs 10s).