The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-05-09 00:00:00

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LOCAL LAW CASE.

CA-THE OF CHANCERY.—MONDAY.
(before the MASTER of the ItoLLS.I

JONES V. LLOYD.

This was a demurrer to a bill filed by Mr.
Edward Brettell, grocer, of Cradley, as the next
frieild and on behalf of Jos 'ph Jones, of the same
place, a person of unsound mind (though not so
found by inquisition), praying for the disolution
of a partnership between the plain"iff and the
d fend:int, and the taking of the ordinary
accouets. It appeared that in March 1807,
the parties a greed to enter partrership as
chain cable, anchor, and nail manufacturi cc, per-
ch:n.l'4 for that purpose the stock.in-irode anti
geode ill of the business then carried on by Mr.
William Rock, at Cradley, and taking a lease of
the warehouse, shop, residence, and premises.
The partnership business was to be carried on un-
der the style of " Junes and Lloyd," at Great
Charles Street, Birmingha.n, as well as at Crad-
ley, each partner contributing £l,OOO by way of
capital. The busines continued to be conducted
by bour partners untill about three years ago,
wlieu Mr. Jones began to suffer from softening
af the °rain, which rendered him incapable of
attending to the business, and it appeared that
he is, in fact, of unsound mind. The defendant
however, continued to carry on the businese, as-
sisted by the manager, Mr. Brazier, and one of
the palintiff's sonsand upon Mr. Brazier demand-
ing uu increase of .1:50 to his salary on account
of the additional labour thrown upon him by the
plaintiff, at defendant's instance, agreed to pay
that amount. In September, 1878, defendant,
however, gave formal notice of his intention to
dissolve the partnership as from the 31st March,
1874, when the first seven years would expire,
but differences having arisen between the par-
ties as to the share which each was entitled to,
the defendant, on the 28th March, withdrew the
notice. The present bill was now filed on the
ground that it. would be for the plaintiff's benefit
to have the partnership dissolved, and the defend-
ant put in a demurrer on the ground that there
was no equity upon which the next friend of a
lunatic could come to the Court for the dissolu-
tion of a partnership in which he WRS engaged.
Mr. Fischer, Q.C., and Mr. Maidlow (instruc-
ted by Church, Sons, and Clarke, agents for Mr.
W. 11. Griffin, of Birmingham), appeared in sub.
port of the demurrer; Mr. Southgate, Q.C., and
Mr. Byrne (instructed by Messrs. Hoinfray and
Holberton, of Brierley Hill), for the bill.
His Honour said he was not at all surprised at
a demurrer being:put into the bill, because, from
the nature of the case, and the difficulty of con-
struing the articles of partnership, it was rather
a tempting bill to demur to. Upon the two ques
tions raised, viz., whether in the first place upon
the construction of the articles the partnership
could be treated as having been actually dis•
solved whether the plaintiff was, under the cit..
cumstances which appeared, entitled at the snit
of a next friend to have it determined, it was
clear that the defendant himself termintted the
par:nership by notice: and not only so, but the
plaintiff was entitled, upon the authority uoth of
Lord Eldon andiLord Kenyon, followed by Vice.
Chancel'or Wood, to the protection he sought.
otherwise, the property of au insane partner (on
the ground that he could not be treated as more
than:temporarily lunatic until found so by inqui-
sition' might be wasted by a sane partner with im-
punity. There was, at all events, sufficient equity
to maintain the bill whatever might be its ulti-
mate late, and the demurrer must therefore be
overruled.

FATAL ACCIDENT. -- On Thursday afternoon a wag.
goner in the employ of Messrs. liantock and Co. was
driving a hone au.l trolley contsining a barrel of
cider oil the rola near Mr. Webb's Lougands, with
his Nth gni on the top of the trolley. thi turning
Lisa corner of the street the barrel suddenly fell throw-
ing the trolley over and the child under the horse

feet. Before she could be removed the horse had 1
kicked in its skiall, cud shortly afterwards the child I
expired.
THE COURT MINSTRELS. This clever company of 1
ertistes will give performances on four nights during next !
'yeah, at the Theatre Royal in this town. It will be re-
membered that they have given several performances in '
!he town, and that they have invariably met with most '
flattering receptions. When we inform our readers that !
they will come on the present occasion with exception
-
Ay strong company, and an entirely new repertoire of •
sings, ekc • we are confident that they will flock to hear
them in still greater numbers, if possible, than they pre-
nouely have done.
PITCH AND Toss —At the Police Court, yesterday, be.
fore Co!onel Barrows and B. Littlewood, Samuel >lsis
sod Benjonin Eveson, two lads were charged with play-
, ing at pitch and toss, on the highway at the Lye, OD the
' 111 inst. Police-constable llarrß proved the ease, and
defendants were ordered to pay emits
Hann DA-MON.—Thomas Bache was charged with
wilfully damaging a door, luck and posts, in the house of
Obadiah Doody, at Beauty Bank, on the let inst. Com-
plainant stated that on the above date defendant broke
his door. The damage was as 61. Defendant made a
rambling statement to the effect that his wife cohabited
with the complainant. and that he did not break the door.
Complalhat.t deified this, and said defendant's wife lodged
in a rOOO2 in his house, with her son, who was 18 years of
age. Eventually the ease was adjourned (or the produc-
lion of a witness to prove the damage —Defendant was
i afterwards charged with assaulliug his wife on the 6th
, inst, arid orderedhine te find one surety in EVE and him-
self in £ IU to keep the peece for six months.
Fxspey Case —Awn Park-r, was charged with stealing
, on the 'led must, one shilling in silver, 5!,1 in copper, two
leacking brushes. and 10 half ounces of t iliacco, the
property of William Wooldridge, of The Beefeaters. Lye.
Betsy Wool iridge, daughter of prosecutor, stated teat on
tie als ice date the prisoner, who had formerly been a •
domestic servant in her fathses employ, came to their
house to see them. Prisoner first came into the back
keelien. She went into the bar, and witness afterwards '
missed two siipences out of the till. She also missed
some tobacco out of the parlour; she could not say how
much. Witness did not Miss anything else ont of the
h use. Cross-examined by Mr. Perry (who was for the
defense) : Ann Parker used to be servant at their hoe.,
sad witness's mother always thought highly of her. On
Saturday evening when her motner came in she eaid to
the prisoner, "Oh, I thought you were never coming
agaiu." It was • supper night, and mother wised the
prisoner to help her, and she dirt so. There were severed
people at the house who used to know her, and they
treat, d her with drink; and after a time she became
s dewily tipsy. She was in the tap room when she gist
so very tipsy, and she was helping witness's mother
geuerally.—Mni. Jose Ball said in conmequence of a com-
munication made to her by the last witness, she searched
prisoner. Prisoner was in the tap room when wanean
searched her. She had the two brushes produced in her
pocket. She also found upon her 10 half ounces of to-
b ices, Is sd, and a thimble. They had always hold the
kind if tobacco produced. She could not tell how much
tobacco Wart gone, because there Wm some taken before.
She could not tell the exact quantity, but knew there was
nue t then because the tobacco was only had in on the
retio,,, Thursday. The brushes produced were h r
tether's property. This witness was cross-examined at
c insidelable iength upon tide poiat by Mr. Perry, but
swore (emotively to the brushes, although she admetteit
teens eves no distinguishing mark upon them by which
see sau.tht know them.—P.S. Rea proved apprehending
presenter oil Sunday aftereoon. lie charged her with
stioslieg a chilling, two sixpences, and some tobacco from
William Wooldridge. Prisoner said," I don't deny the
arid tut brushes, but I did not take soy money."
She licit she borrowed Is het of her sister-in-law before
she started. Cr eiwexanaineel by Mr. Perry : Phoebe
Parker, I,er sluice-in-law, was not present at the nine.
Prisoner did not say, "1 won't deny the fact of having
the lunslas It my pocket." He did not stand in the
room 0,1,0 sue dressed, but he stood upon the stairs.
—Mr. Perry them addressed the Bench in a remarkably
Wele sy, tea for the defence, and said that he had two
nit Onik, to metallic to them in answer to the charge. The
first of these was that some of the Wen in the house
seeing the drunken condition the prisoner Was in, might
for the maimss of perpetrating one of those senseless
practical jokes which were so common at the Lye, have
placed the brushes in her pocket. Or the prisoner, tier-
sell, in the state she was in, might unconsciously hay,
got them in her pocket. Either of these theories were
feasible, and as Meg as there 11,1111 a doubt in the ease he
claimed the benefit of that doubt for his client. Besides
it had not been conclusively proved that the arti des in
question were the property of Wooldridge, as the tobacco
was such as was sold everywhere, and although Mrs. Ball
heel sworn to the brushes, sire admitted there Was no
mark upon them. Thus, there was another element of
doubt imported into the case. He animadverted in very
strong terms upon the manner in which P.S. Rea
had gut up the case, and said the iiitroduction into it by
him of the "two eixpences was a totally unwarrautable
proceediug, which was not justified by the slightest par-
ticle of evidence. He also referred to the officer** alter-
lug the prisoner's statement, sons to strengthen the case
against her, and said it was 412 invariable rule that when
a case was weak or there was a break in the chain of
evidence, the missing lade was supplied by the poiicemaa.
—ln consequence of prisoner's previous good character,
tole Beach diechargea her. The Bench remarked tint
they thought Mr. Perry's remarks on Rea's conduct un-
called for.
ALLoWING A DONKEY TO STMT.—Henry Brettell was
charged with allowing a donkey to stray on the highway
near the Quarry, at Pedinure,os the 211 h of April. Mr
Prescott defended, and the case was adjourned for a week
for the production of further evidence.
ACTIoN rolt Wsoas.-11enry Hennniag applied to re-
cover £2 lOs wages, in lieu of notice, from Messrs. Joseph
King and Co. Mr. Perry defended.—After hearing the
evidoice on both side., the Bench gave a verdict for
Hemming for El 16s.
DISORDERLT.—IIeary Harbage and Thomas Perrens
wer., hued Is each and costs, for disorderly conduct at the
Crab Mill Inn, Oldowinford, ou the 27th of April last.
DRUNK AND DISORDMILY. Samuel Hingley Was
charged with being drunk and disorderly. on the led last,
and ordered to pay the costa, is 61. —Richard North was
lined Is 61 and costa, or in default 14 days, for • siwilai
Offence at Stamber Mill, on the 2ad inst.
POACHEits its Tnousuc.—Michael Cannon and Walter
liarvey was charged with being found on the highway, on
the l. inst, at Pedmore, and having a hare and wire in
their poiniession Police-comitelde Jackman proved that
he met the defendants on the road leading to Churchill.
cane.° had the hare, and Uarvey the wire. Being the
first class against Cannon, he nits fined .is tlil and costs.
Oarvey, who is an old offender, wits lined 20s and costs.
HIGHWAY OYFENCR.—UeOrge Mallen Was charged with
ad.:ming thr,e horses to stray on the highway as Bel•
broughton, on the 3rd uist. The ease was proved, and
defendant was ordered to pay 6s diet) ,ts.
Wo3IEN's Qoariara.s.—Haunah Norris was charged with
asaantiing Eileabeth 'Simla, on the Siel inst. Complain-
ant euuil that the defendant struck her across the nose
emerel times. Defeudant &eh- I the asmoit. Ordered
to pay the costs between them.