The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1881-07-23 00:00:00

Xotal anti pistrict gems.

ACTION BY A COAL MERCHANT.—G. I. Evesort,
of Stourbridge and Birmingham v. the Great Western
Ba;licay Company and Others..—Mr, Powal, Q.C.,
and Mr. Lawreece (instructed by Messrs. Dale and
Yacht. 11) were for the plaintiff, and Mr. Matthews,
Q.C. and Mr. Jelf. Q.C. (inetructed by Mr. Nelson)
for the d,fendents.—The action was to recover
damages fer the detention of twelve railway trucks
and the conversion of the coal and coke they con-
tained. Defendants admitting receiving the trucks,
but denied that they had detained them, though
they admitted that they did not del'ver them or un-
loai them. Defendants further pleaded that the
trucks were not the proper y el the plaintiff.—Mr.
Powell said the plaintiff, Mr. Eve-on, was a coal
merchaa ot Birmii.gham, and the defen,ian.s were
tilt, Great Western Railway Company, and their
Biraiingliam manager, Mr. Bill. Amongst plaintiff's
cud.omers were Messrs. Philips and McEer n,
itonmasters, of Round Oak, and the practice
be ween them had been this: Sometimes Messrs,
Philips and McEwen would send an order for
coal, which coal was cent from various collieries in
which the plaintiff had an interest, to s•erne con-
venient station on the Great Western Railway,
an l from thence forwarded to Round Oak Station.
At other times, althteigh orders had net been sent
for cal by Messrs. Philips and .McEwen, when the
output from the various collieries with which the
phintiff was connected was greater than usual, or
wl‘en it was convenient to do so, the plaintiff would
1 send coal to the Round Oak Station to his own
, order, and in each case he received an advice note
from the the company, to the effect that the coal
had been reo,ived to his own order. If Messrs.
Philips and McEwen wanted the coal so sent with.
out order it was transferred to them; and in the
event of their not requiring it. it was sent elsewhere
aceordmg to the order ot the plaintiff. Abut the
4th or sth of July, 1880, it came to the knowledge
of his client that the Great Western Railway Corn.
piny were claiming to retain gJods which they
thought were either consigned or intended to be
transfelred to Messrs. Philips and MeEwen, on the
greund that they had entered into an arrangement
wit that firm te exorcise the right of a lien upon
seeh gco a in reepect of a debt which they claimed
against the firm. That coming to the knowledge
of the plaintiff he was very anxious that any goods
he might forward should not be transferred to
Nlesses. Phillips and McE wen, and accordingly on
the sth of July he wrote to Mr. Bill, the general
ma-lager at Birmingham, as follows :—" Please
cancel any orders you may have for the delivery of
my trucks to Pnilips and MeEwea, and push the
trucks into the Park Head siding for me. Advise
m, on arrival. I have to-day written Park Head
people to this eflect." Between the 9th and the
19th of July twelve trucks of coal were sent in the
manner he had described to Round Oak Station,
and were there received to the plaintiff's order;
mud it was in respect of those trucks that the actio:,
wee brought. Repeated demands were made for
the delivery of the trucks and their contents
to pinintiffs order, but the company declined,
though they ultimately gave up possession of the
truas, retaining possession of the coal and coke
ivh oh the trucks had contained. The company,
Mr. Powell added, had admitted the detention of
t c tru.:lcs by paying £lO into Court.—Evide Ice in
support of Mr. Powell's statement was given by the
plaintiff, several ot his clerks, and Mr. 'AcEwen.
In cross-examination the latter wieee,s denied
that, the coal and coke contained in the twelve
trucks had been bougat by him from the plaintiff,
though he admitted that the coal WAS entered in
his books. The entry in the books, he explaine.l,
hat been made by one of his clerks under a general
instruction that all invoices which came to the
office were to be duly entered. Ttic invoices were
afterwards returned to the plaintiff.--Mr. Mathews
intimated that he did not in'end to call any wit-
nesses, Mr. Powell then aidre.'ed the jury.—For
the defence, Mr. Matthews urged that, notwith-
standing the evidence whic't had been given on
behalf of the plaintiff, the coal, beyond all doubt,
had been bought by Messrs. Phillips and NlcEvreo,
and he suggested that the firm, tinaing they could
no' get coal for their furnaces in consequence of the
Great Western Railway Company having a lien
upon the goods consigned to them, entered into a
device by which the plaintiff ,hould make believe
to re dive the coal himself at the Park Head sidings,
the coal in reality being for Philips and .McEwen.
—1 he jury found fa' the plaintiff, damages .£69
165., and £8 10s Od further demurrage, inclusive of
the amount paid into court.
HALESOWEN AND HAOLEY FL',WER Snow.— On
Tuesday next the aneuil show in connection with
the Halesowen and Tingley Floral Horticultural
4ociety will, by permis3ion of Lord Lvttelton, be
held in Hagley Park. The varied attractions of
tb.e Park, andohe general Fter.:tts felt the show
will doubtlesl brine together a very large number
visitora It is also arranged to hold a bazaar
in the hall gardens on Tuesday and Wednesdiy
next, in aid of the Workmen's Club at Rorns!ey
near lialesowen. The principal stalls will be ia
charge of Lady Lyttelton, Mrs. Williams, Mrs. M.
Grazebrook, Mrs. H. Hickman, Mrs. Goads, ant
others, and we have reason to believe that a very
large and varied assortment of useful and Carey
articles will be offered for sale. Should tho day
prove fine there can be little doubt that both the
show and the bazaar will be lirgely attended, and
will be in every wey successful.
MissrenicinbefiuN
re.dr AND
D Tnsomea TOWN LO
timeagCowiCiEss.—lHt u
ta yp
rbee.
sented a clock of the value of .£3OO to the town,
and the eloc't was plec_d in the tower of St.
Thomas's Church. The committee who undertook
th x cution of Mies Hunt's wishes, added chimes
and thir suppl.-3in .11`, try wor:c to the click, but in
fixing the clock it wel found that a considerable
expenditure was required on the church tower to
make it safe. Although there was a subscription
of o:t,e £lOO, flere was wore thin as much again
I,ft in debt, At a nie,ting of the Cluck Committee
on Monday night, the Rev. H. ShPrr,rd in the
chair, it Was announced that Miss Hunt had genet.
ousiy discherg d the, whole Of the debt, the only
stipulation being that a guarantee should be given
Celt the clock be kept in repair and going for the
next five years. Messrs. S. A. Brooks, 0. Green,
It. Broornhall, and T. F. Bland had given this
guarantee. A very hearty vote of thanks was
passed to Miss Hunt for her gift of the clock, and
for the manner in which she had enhanced the gift
by flischerging the debt connected with the placing
of it in its present position.
THE VALUE OF PRopEETy" IN SToUnEtRIDGE.—
NitssrS. Oates, Perrens, and Wooldrid4e offered by
auction on Tuesday evening a valuable b:ock of
poperty in Stourbridge belonging to the repre-
sentatives of the late Miss L. L. Penn. The sale
proved that, despite fluctuations in the value of
property owing to the depression of trede, there is
no retrogression, but rather the reverse in Stour
bridge. The first lot offered. was a central property
at the 0000 Or of ILig.st. and Envill•-•16, al the