The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1883-12-25 00:00:00

COUNTY COURT.
MONDAT.— Before Mr. derjeaot Tinda•Atkinson,
j odes.

JCR!
_CA/11.

.—.--
James Smallhones v. Jacob James—Mr. Curtis
( l'revaidon and Curtis) for the plaintiff, Mr. Trevere
for the defendant. —The following were swore on the
jury :—Messn. Cinch (foreman), Eliot, Evans.
gui, and Hunt.—This was a claim if £2 money Pent
Toe deficient entered • counter-claim for £lll.
Thistbuhkt cassz...hrasudgibp.vmealirsi:dge. to
be
rno.
affair,
but,
nipped the hearinr in the burl.--Mr.O.rtis, in opening
the case, said the plaintiff was a grocer, can rying on
business in Pools, and defendant was • g ocier's
assistant, or commission agent, and had been for
some faw months working f r the plaintiff. The
plaintiff hail known the defendant for the past two
or three and in tie month of January he
(plabit;ff) Cnit the business he was n oir carrying os
from Mr. Balaton, and agreed to take ft the stock all
• valuation. Defendant was then in the neighbour-
hood of Po,ile, and Sinallbonee enguated to him that
he should value the stook as between him and Benito.,
and for this plaintiff agree I to give him £3.
Defendant came arid vaned the stock, and when he
had fini.hed he asked to be paid £lO iustea4 of £3.
Plaintiff agreed to this if he would coon in three
months time and take stook, so ais to see how the
lupine's was progr shig. Defeadaat want batik to
L mdon, and in April, when he should have eiollll
down, be did not appear. Upon that th. plaintiff
went to London and found him out of work and
suffering from • bad leg. Defeo lent then 'eked Small.
bones to lend him £lO, which he did, and t gilt from
him a promissory note for the repayment by •
instalments, all of which were now °ye. due.
Defendant afterwards came down and took stock,
arid t inn stayed at the plaintiff's bone
for • few weeks. They had been friends together when
both were employed as assistants in the grocery
business, and plaintiff considered that what aervioes
d fendiint rendered him about paid for his board and
lo !ging. Defendant then suggested to the plaintiff
that it would be am well if he formed • tea bueluen,
and be should c me and movers for the sale of tea in
packet.. Plaintiff at fist thought it would not be
satisfat tory, but 11111 the defead.ot was ,itit of • berth
and wished to do something, it was agreed that be
should undertake it. The plaintiff would find the
and defendant should have half toe profit. by way of
conthoinion. Plaintiff further said to him "at tint
the profits will be so small that you won't be able to
live by that alone, but I will also engage you to
canvass in the grocery business and to assist in the
shop on Saturdays and for that I will give you EL •
week, one week's no.ios to conclude this portion of
the transaction." The defendant came, and the
business was carried on on those terms. On the 21st
of May the defendant asked the plaintiff to lend him
another £lO. which he did on the co idition that *hen
his furniture came down he ahould Owe him a bill
Upon it. Sh otly after plaintiff lent him another som
of £B, in July LS, in August £7,,oid di Oct her
V 10s. Defeniant had been in the plaintiff's employ
between 11 and 12 weeks when he found that his
services were not of very much we to him in the
grocery business, so ha gave him about 12 days' notice
of the termination of that part of the agreement, and
he now cr•clited him with 13 weeks at El
• week. After • tims the plaintiff found that
he wee wasting hie time at publichouns and
not causing the burdens to progress as he
should, and there were other canon of complaint,
and be received monies for the plaintiff. for which
he had not accounted.—Defendart and his legal
adviser here b ito rose and p.otested iodignant y
against the asertion.—His &moor. addressing Mr.
Curtis, asid : I don't 1610 k as an advocate you are
jostified in charging this man with sunbelt intent. .
You will min the mine, character out of court, unless
the Jury find different. I al wasn tent to tha rliovotion
of a counsel in opening a cue in matters of this kind.
—Mr. Curtis: I could refer you to • nes which
your Honour yourealf decided, James received • debt
which he did not account for. Smallbones sued the .
man in your cilia, and the man substantiated his
plea of payment, and your honour said something
about an indictment for perjury.—Mr. Travers: Tbie
will show your Honour the temper imported into the
ease.—His Honour: The jury and I have to try this
case upon its own facts, end not with referents to
any other case.—Mr. Travers : I am surprised at y.ti,
Mr. Curtis. I
case in that way before —His Honour lam thinking
whether this case should not be heard in Mews, and
then all then matters can be gone nio, and any
question of law reserved for me.—Mr. Travers said
their contention was they were to share the profits,
and they had been able Ii get at the books to
see what they were. Plaintiff had credited them
with ET 10s. only. They were quite willing to
submit the matter to an arUtrator, but the plaintiff
would not. —Mr. Curtis said what he argued was that
there was nothing more to be enquired into.—His
Honour said there certainly was. or after giving
the defendant • week's Gain they paid him £7 10s.
when there was no longer any relationship as master
and servant. It might, perhaps, be that it was an
improvident arrangement on the part of the plaintiff,
but if the jury and himself were to go into all these
email facie relating to the partnership, it was quite
possible the intik would be that they did justice to
neither party. If ever there waa • case where some
discreet and proper person shouli be called to this was
one, and if the plaintiff Was going to bow out his
statement by his books he cool I not see why he
should object.—As each juryman declined the task, the
matter Wee ultimately referred to Mr. Wheatley, the
official accountant of the inntrt.—There was no other
case culling for notice.