Cuddio Rhestr Erthyglau

8 erthygl ar y dudalen hon



COUNTY COURT-TUESDAY. Before J. M. HERBERT, Esq., Judge. The list for this month showed the large number of 148 Plaints entered: namely, for to-day, 84, and Wednesday, "4. A great many of these were, as usual, settled out of court. ° At the opening of the court, his Honour delivered the following judgment, in the case of the RED ASH COAL COMPANY V. J. llGGGINS. This action was brought by the Red Ash Coal Co., against the defendant, who is master or partownerof the ship, Lady Brougham, of Whitehaven, to recover J616, for the breach °f a memorandum or charter. The charter-party was in *^e usual form, and purported to be signed by a broker, Mr. M. M. Jones, by authority of the defendant. Under It, the defendant undertook to load a cargo of coals from the plaintiffs, and to deliver the same at Ballinacurragh, in Ireland, and being paid freight at the rate of 6s. 6d. per ton; the vessel to be laden at Newport, and discharged yith all possible despatch. From the evidence of Mr. •ones, it appeared that on the 8th of August, he saw the defendant and two other masters of vessels, and had a com- munication with them about freights to Waterford, and other places; that one of the masters asked him if there Were any freights for Ballinacurragh; that he replied there was, at 6s. a ton; that they told him that rate of freight Was very low, but that if he could get freight for them at 6s. 6d. per ton, they would accept them; and that the defendant distinctly authorised him to charter his vessel for him to Ballinacurragb, at 6s. 6d. per ton. The witness then asked the defendant and the other masters, for the registered tonnage of their respective vessels, and what they would carry, in order to enable him to fill up the charter- party. Upon being told these particulars, the witness made the following entry in pencil, on the back of a card; Sisters, 85, carry 90; Lady Brougham, 98, carry 159 Elizabeth, 71, carry 117; 6s. 6d. and 2d.; Monday, August 8th, 1853. Received authority to charter the above-named vessels for Ballinacurragh, at 6s. 6d. per ton, with 2d. This circum- stance took place about half-past nine A.M. The witness then told the masters, that he would see the agent of the freighters, and communicate again with them. Shortly after, Mr. Jones met Mr. Clapp, the agent of the plaintiffs, when they signed the charter-parties. He afterwards returned to his own office, when his brother prepared orders for loading the above-mentioned vessels, addressed to the company's shipper. He then saw the defendant and the other masters, and informed them that he had "fixed" them, meaning that he had signed the charter-parties on their behalf, and gave them the orders for loading the coals. The rate of freight was entered on their orders. Defendant then left the broker's office, taking the order with him, and appeared quite satisfied with the terms. Some time after, in the afternoon of the same day, the defend- ant returned to Mr. Jones's office, and said that he was •sorry he had been chartered so soon, as a gentleman from Cardiff had informed him that freights for Liverpool were going up considerably; and he asked Mr. Jones if it was possible to get the charter-party cancelled. 1\fr. Jones told him that it was out of his power to cancel the charter- party, but that he would go with the defendant to Mr. Clapp to see what could he done. They accordingly both went to Mr. Clapp, and asked him if he would give up the charter to Ballinacurragh. Mr. Clapp refused, and asked the defendant why he wished the charter cancelled. Defendant replied, I can get 8s. 3d. a ton in Cardiff for Liverpool." The testimony of Mr. Jones was confirmed by that of his brother, and of Mr. Clapp; and to some extent by that of Mr. Burton, an agent in the coal com- pany's office, who hoard the conversation at the office between the defendant and Mr. Clapp. The defendant, on the other side, :and Mr. Pearson, the master of the Elizabeth, deposed, that they had never authorised Mr. Jones to do anything more than to inquire about freights, and not to sign charter-parties on their behalf; that when they saw him, after he had gone for the purpose of making inquiry in the morning, he told them, that he had been round, and could get nothing more than 6s. 6d. for Ballinacurragh— thatthe defendant asked him, Is the vessel fixed ? Where's the charter?" to which he replied, I have no charter- party and that he then gave them the orders to load; that when they went to the company's office in the after- noon, the conversation with Mr. Clapp was as follows :— Mr. Jenes: "The captains are not willing to go the voyage." Mr. Clapp "If you will get me another vessel, I have no objection." Defendant: "Jones may do as he thinks proper, I'm not fixed. I'll not go." Defendant further stated that Mr. Jones offered him a cargo of grain on the following day; and the witness Pearson stated that Jones had offered him a cargo of bark afterwards. This, however, was denied by Mr. Jones and his brother stated that he 'had offered them cargoes' before he knew that his brother had signed the charter- parties. It was further proved by Mr. Jones, that it was the practice of the ship-brokers of Newport, to sign charter- parties on behalf of masters of vessels, as he had done in this instance. The defendant having taken his departure from Newport without fulfilling his contract, having, indeed, laden his vessel with another cargo, Mr. Clapp estimated the damage resulting from the breach of contract, at 2s. per ton. He stated that the company were under orders to supply coals at that time to Ballinacurragh; that in consequence of the defendant's default, they were unable to get other vessels and that the freights had now reached .10s. 6d., whilst the coal had only risen in price, Is. per ton. Such was the substance of the evidence produced on side. Mr. Philpotts, on behalf of the defendant, raised two points :-r" First, that the cause of action did not arise within the jurisdiction of the Court, inasmuch as the eon- tract would not be wholly performed On the part of the defendant within this jurisdiction; and, secondly, that Mr. Jones had no authority from the defendant to sign the charter-party, and therefore that the defendant was not bound by it." As regards the first point, I consider that the Court has jurisdiction. From the caseofHochsterv. DeLatuer, 17 Jur. 972, and the cases there cited, I am clearly of opinion tha the caus o actiin was complete, as soon as the d fjnd- ant, by taking another cargo, had rendered it impossible that he could perform his contract with the plaintiffs. The charter-party was signed in Newport; and the breach of it also occurred here the whole cause of action therefore arose within the jurisdiction of the Court. As regards the second ground of defence, I also think my judgment must be for the plaintiffs. If the evidence of Mr. Jones be trustworthy, there can be no doubt that he had full authority to bind the defendant—for he stat3S that the defendant expressly authorised him to charter the vessel to Ballinacurragh, on the terms of freight contained in the charter-party. And he further states, that he communi- cated to the defendant the fact that he had signed the charter-party, and that the defendant was satisfied, and as a proof of his satisfaction, took away the order to load, without raising any objection whatever. And not only is Mr. Jones' evidence corroborated by that of his brother and Mr. Clapp, but it appears to me to elicit some corroboration from the question, which the defendant admits he put to Mr. Jones, when he returned from his first interview with Mr. Clapp—"Is the vessel Where's the charter- •party ?" for how is it likely he would have put this ques- tion, if he had not had reason to expect that Mr. Jones had "fixed" the vessel; or in other words, if there had not been an understanding between them, that Mr. Jones was to sign a charter-party, if he could obtain such a rate of freight as the defendant had been stipulating for ? Now thæ evidence is denied by the evidence of the dfend- ant and the other master, who had placed himself in the fiame predicament and seeing that their evidence is not only that of interested parties, but also in some measure inconsistent with their conduct, whilst the evidence on the part of the plaintiffs is that of persons who have much less interest in misrepresenting what did occur, and who, in the regular course of their business, are in the constant habit of nogociating transactions of this kind, and may therefore be expected to settle such matters in a business- like manner, I feel no difficulty in arriving to the conclu- sion, that I ought to accept the statement which the plaintiffs' witnesses have given of the transaction, and so to give my judgment for the plaintiffs. The damages, I assess at 10 guineas. David Evans v. William Thomas. This ca=e, which was partly heard atthe last Court, was aelaimfor £ o as. Hd., amount due to the plaintiff for numbers of Jhe Principality newspaper, supplied to the defendant as the agent of that paper. Mr. Champ, who appeared for the defendant, examined the plaintiff and defendant as to the items of a set off for work done as agent, in supplying news amend ing oat bills for such paper, during its existence. After a long hearing, judgment was given for jE3 5B. 6d. and costs, to be paid by 8s. a month. Eleanor Lewis, executrix, v. J. Coleman, claim for dE4 3s. 8d., for goods supplied, and carriage of gOlds for the defendant, by the plaintiff's husband duii.ig his life- time. To this claim, a set off was pleaded, amounting to £5 19s. 7d. Mr. Champ examined the plaintiff as to the entries in her book, and the Judge ordered the case to be adjourned to the next Court. Williams and wife v. H. P. Bolt. This was an action arising out of the alterations next to the Coach and Horses, in High-street. Mr. Owen appeared for the plaintiff, and Mr. Davis for defendant. The damages were laid at £ o. Ann Williams proved that she was the tenant of the Coach and Horses; on the 7th November last, the defendant com- menced pulling down the pine-end wall of the Coach and Horses, and the house had been kept < pe I ever since, the men employed had thrown the earth from the new founda- tion into her house, and compelled her to leave the lower part of the house, and reside up stairs; the tiles had been Temovtd from the roof, and the rain came in go that she could not now live up stairs; had complained to defendant frequently. Cross-examined The house was taken in my name, the license was in the name of the barmaid, Eliza Williams I don't know where my husband is. Mr. Davis: I object, your Honour, that the wife ia im- properly joined in this case, and there is no authority from the husband to bring the action. His Honour: No doubt the wife is improperly joined, and the difficulty is, as to the authority. The witness then, in answer to the Judge, said that her husband left her five years ago, intending to sail for Boston had not heard from him for three years. His Honour said all he could ùo, was to direct that the plaintiff should give security for defendant's costs. Mr. Davis said he would not object further to the case proceeding. Witness's examination continued: There is not more than £ 5's worth of property in the house; the windows are broken; I am staying in the house in order that I may get back some of the money I paid to go into the house there 41\8 been moro damage done by the defendant in rebuilding the adjoining house than necessary they put up supports to the Coach and Horses, when the wall was pulled down; had complained to Mr. Bolt; had also complained to Mr. Moore. Re-examined by Mr. Owen Mr. Davis has been acting for the corporation in the matter. His Honour What have I to do with the corporation ? I know nothing of them in this case; all I know is, that they have very much inconvenienced the Court, by placing me here to-day—for which I don't thank them. Mr. Phillpotts: And to the inconvenience of the pro- fession also. Robert Tilney was called, and proved seeing some of the workmen spill some tar inone of the upstairs rooms. Thomas Davies, draper, High-street, had seen the pre- mises in question the house was completely exposed and very much injured; should think jE5 not too much as damages. The receipts for the rates and taxes paid by Ann Williams, were then put in. Nathaniel Webb, surveyor, valued the plaintiff into the Coach and Horses she paid him for the valuation. Mr. Davis then objected that there was no evidence to fix Mr. Bolt as the contractor. His Hgnour thought there was evidence. Mr.4)ims then addressed the Court for the defendant, contending that there was no case for damages' The plaintiff was holding over in defiance of the owners of the property, and every means had been taken to induce the plaintiff to give up possession. His Honour: But what right had you to pull down the pine-end at all without the permission of Mrs. Williams the erection of the old pine-end was a license executed, and you had no right to remove it without permission. Mr. Davis then called the defendant, who proved that he had let the whole of the mason work about the house, to Mr. L. Moore; the old pine-end was removed and the new one erected by Mr. Moore, and his men had not inter- fered in the matter, and had no wish to inconvenience the plaintiff; had urged Mr. Moore not to inconvenience her more than he could help; have no controul over the men working there. Mrs. Williams never objected to the party wall being pulled down, but urged the completion of the work. His Honour: Then I think permission was given by Mrs. Williams. The case was then adjourned to the next Court, for the production of the contract between the defendant and Mr. Moore. Howard v. Evans, claim for ,£2, amount of value of off- growing crops of clover on a farm at Christchurch. Mr. Phillpotts for plaintiff. The plaintiff was examined, as also Edward Morgan, farmer, who proved the custom of the country to be, for the outgoing tenant to be allowed by the incoming tenant for the seeds and labour. William Evans, son of defendant, was called by Mr. Owen and stated, that after plaintiff left the farm, Mr. Grove took possession. Mr. Owen applied for an adjournment to pro- duce Mr. Grove. Adjourned accordingly, at the cost of the defendant. J. N. Hawkins v. Walker. This was a summons under the County Courts Act, to recover possession of the Britannia, near the bridge.—Robert Graham proved that he was agent to plaintiff. When Elderton WIlS leaving the house, the defendant asked me if there was any objection to his becoming tenant. I answered no, and said the terms were £27 per annum, payable quarterly, and three months notice, to expire at the end of any quarter that was the usual way of letting such- houses. Defendant's tcnancy commenced October, 1850. Cross-examined by Mr. Champ I becamc agent to plaintiff in 1848; the appointment was not in writing; Mr. Hawkins told me to determine the tenancy with Walker; I was agent while Elderton was tenant. Mr. Champ addressed the Judge, Rnd observed that the defendant's case was, that the tenancy was a yearly one, and that not one word was said at the time of the letting, about a three months' notice, nor was it at all likely that such a tenancy would have been entered into by the defendant, when, as would be shown, asum of £23 10s. had been paid for fixtures, which, if removed from the premises, Would be worthless.—The defendant was then called, alldstated that he took the house of Mr. Graham, at a rent of £27 a year nothing was said about a notice to quit, of that he was certain witness paid the outgoing tenant £23 10s. for fixtures; these would have been almost worthless for any other house; had been told that the railway wanted the house; the rent has been paid quarterly. —Mrs. Walker was called, and corroborated her husband's statement.—His Honour, in giving judgment, said he could come to no other conclusion, on the evidence, than that the tenancy was as stated by Mr. Graham; at the same time he did not impute to Mr. Walker any intention of stating what was not true—looking at all the circumstances, he must hold that the tenancy had been properly determined-, and the warrant for giving possession would be issued in 14 days. His Honour intimated that in his opinion the railway company ought, in fairness, to compensate the tenant for his loss of fixtures. WEDNESDAY. The plaints entered for to-day ware unimportant. Graham and Evans v. the Monmouthshire Railwayaud Canal Company, claim for .£10 damages, for neglecting to provide trucks for conveying the plaintiffs' hay from New- port, per Western Valleys Railway, to Blaina. A jury had been summoned at the instance of the plaintiffs, to try the case; and a great many freighters and others interested, were on the qui vine for the hearing of the cause. At the opening of the Court on Wednesday, it was stated that the matter had been settled between the parties, by the with- drawal of the claim on the payment of costs, and the assn- ranee by the defendants, that erery facility should be afforded the plaintiffs, in common with all other freighters for-the oonveyance of their hay on the Western Valleys Kail way. INSOLVENCIES. Thomas Lewis, of Risca, oollier, appeared for his final, examination, supported by Mr. Greenway, of Pontypool. The insolvent was opposed by Mr. Phillpotts, on behalf of Henry Gregory, a creditor, and in the course of his exami- nation, admitted that be had made a statement of account with Mr. Morrison, for whom he had worked. The account produced, shows a balance due to Mr. Morrison, but that gentleman is indebted to the estate in a sum of jE60 odd. Several of the items in the account are not correct. Mr. Bothomley, clerk to Mr. Phillpotts, produced judg- ment in action against the insolvent conjointly with Isaac Cooper the costs were taxed at £34; J616 of these costs were omitted in the insolvent's schedule. Mr. W. Evans, agent for Mr. Morrison, proved that-there were several sums due from the insolvent to Mr. Morrison, but there were not sufficient to make the debts of the in- solvent £ 300.. Adjourned for further proof of state of accounts between the insolvent and Mr. Morrison. Thomas Evans, of Pillgwenlly, beerhouse-keeper, appeared for his final order, supported by Mr. Blakey.—Final order granted. ° John Cochrane, ofPilgwenliy, beerhouse-keeper, appeared for his final examination, supported by Mr. Greenway for Mr Owen.—Examination passed.







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