The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-03-15 00:00:00

EUGH COURT OF JUSTICE-QUEEN'S
BENCH DIVISION.

WESTMINSTER. Tr/MIDST.
(Sittings at Nisi Priu., before Lord Chief Justice
CoLexicons and a Sp-ci Jury).
BILL T. PANTOS.

This was an action to recover damages for *listed
wrongful dismissal of plaintiff from his poeition as clerk
to the defendant, and for alleged wrongful ejectment
a house he occupied, and also for the convention of goods.—
Defendant pleaded that he had a 11 iht. to discharrn and
eject, and made a counter-claim—Mr. Kemp, QC.. and
B Mr. uckeell enoeared for the niatntiff ; and Mr. Dar.
QC.. and Mr. H&1111011 for the defenilant.—Tbe defendant
Is • member of the firm of titmice. Penton, who are
brewers, maleters, and spirit mercLanta at Wareham end
Sewage. The pl iintiff Wal engaged a • salary of £l4O
per annum. to attend to the busmen of the firm at their
brewery. Notice of dismissal and to leave the house in
question was waved on the plaintff, and re lilted. There
was a claim aim for damages in respect of injury to
furniture and loss of linvellory. The furniture was alleged
to he worth £4BO, and it wit sold for .Cl7O.
Mr Henry Bell, the plaintiff, dart iesi that he entered
Into the service of Maws. Henry and Jones Nowa, of
Wareham. in Direst. He wog manager of the brewery,
and also senora' assistant. He occupied • dwellinghnuse
at Senesce. He remained in the employment of the firm
until the deeth of Mr. H. Fenton; that occurred in 1877
He found himself then one of the exeen'ors and trusties.
That position he renounced, as it would hero been tee m-
venient to he in the double poniti mof ma, tar and servant.
Mr. Dockrale occupied the position thus resigned. Differ.
ences arose among the trust Ape. In Srntember Mr. Penton
told him that he was d.statisfleit because he had gone nut
shooting on the day before. He had been allowed and
Invited to shoot. He followed a woundod !nips over a
hedge, and was fined by the magistrate,. At that time,
not being aware of his legal position, he did not object to
the notice.
The Lord Chief Jostles,: What en the legal position!
Mr. Sucknell said that the business was carried on by
James Penton and the executers under the will, and the
executors not giving the plaintiff earth!. and not agreeing
to the notice being given, he war entitled to refuse to
accept the notice given by one in the face of and contrary
to the wishes of the others.
The pleintiff. in the course of his farther examination,
add that on the cth of March he was still in ploweajon. He
found on coming home that the defendant with two men
had broken into hie house by breaking a window, They
were taking up the carpets. That evening he consulted
his solicitor at Weymouth. On his return he found his
furniture in the street and that his wife and children
had been turned out. The food and wine in the house
were not to. he round. Next morning the furniture was
removed to Mr. Levick'e house end to a barn, where it was
afterwards sold for £l7l net. Jeeellery was also missing.
, Croos-examined : After the death of Henry the lousing.'
was carried on by James and the executor,. The widow
took an active part in the business, but not practically.
Once before the snipe-shooting affair he was brought before
the matistrstee for shooting on other pmple's land. Mr.
James Penton did not reprove him for it, but said that be
was sorry. One night he met with= accident, and struck
his forehead. That was the only Sinew he had except
colds and hr mci,itis. (Laughter.) Mr. Delamotte had not
attended him for delirium tremens, but he would not ealf
that be had not suffered front drink on one or two
occasions. Mrs. Pauton took sot interest in his welfare,
and her attorney wss Present conducting the caw.
,[lllere a letter from Mrs. Penton was patio, It epprieed
the plaintiff that the defence to the action would be the
cause of his Sine,. It advised blin to consult with the
men and Mr. Delamoite. The letter c,ntained this
The great cause of your illness was worry."
(LaMtliterq
The plaintiff raMMlng. said that Mr. Detain otte had
not advised him to take " • little less." or change his
habits. He discovered his legal position about (UR months
after receiving notice.
mra wen, the wife of the plaintiff, deposed that Mr.
Piston =tend the Wass Ly birisskliaga pans of glass In