The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1868-04-21 00:00:00

DORCHERTR.R COUNTY COURT, Aran M.
(Be(ore T. F...!. LITII.OIr,. &q,)

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There were between 30 and et/ phials entered for
this Court, but they lumen disposed of save one by the
Registrar (O. Symonds, Req.)
WINDING-TT or Trill DoanMerle CO-OPNIATTVg
Soeirre.—Mr. Welton made an application for the
wintling.ise of "The Dortheeter and Dorsetehirt
Industrial Provident Society, Lienited," on the petition
of Mr. John Phelps, provision dealer, of Dorthestert •
creditor of the said company. He stated that the
society wu established in 1861, and being now unable to
pay its debts, it became necessary it should be wound
up under the Companies Act, 1862. He then showed
that the requisite noticr, bad been given, and lie also
said (and was confirmed by Mr. Bryer, the Sheriffs
Officer), that an execution had been levied on the goods
of the oompany, the whole amount was realised, and LI
was in hand. but the reinsinina meets were very small.
He applied for the company to be wound up voluntael y,
under the supervision of the Court, and he suggested
that Mr. filliergold, the secretary, should be •p-
-pointed liquidator. His Honour said he did not
think that would be proper, for if there was
anything irregular, the secretary, as • general rule,
was interested. Mr. Weston then proposed the
petitioner, Mr. Phelps, remarking that any person
interested would be able to apply to the Court in cane
they conceived anything to be done wrongly' or if any
misunderstanding arose. His Houour said he would ,
rather for Mr. Symonds to be the liquidator. Mr.
Weston said he should be quite satisfied If Me. Symonds
would take the Office, but he did niX regard It as part
of the Registrar's duties, and he pointed out that some
inconvenience might arise from such • course, because
in the event of any disagreement arising between the
liquidator and tho•it interested in the estate, nothing
could be done till his Honour held • court ;
whereas, if another persoo was appointed, they might
apply to Mellßymonds, as Registrir, and he was sore he
would give them good advice, and moil as would be
satisfactory, His Honour agreed with Mr. Weston as
to the difficulty which might arise; and said that if Mr.
Phelps was apppoioted the Registrar would have the
, authority of a judge satin: at Chambers, but be said
I Mr. Phelps most give security. Mr. Weston said there
would be no difficulty about that. In answer to the
judge, the secretary (Mr. Shergold) said the liabilities
of the company were £244, and as wnets there was LBO
shares not fully paid up and £lB9 which had been with-
drawn by different members during this last three
years. Mr. Weston said he believed that the only
question which arise in the subsequent proceedings
wee whether thaw who had withdrawn from the
ronety three years were liable to the extent of
their shares, or whether liability was restricted
to those who liad ceased to be members only two
years. His Honour made an order for the winding.
up of the company; appointed John Phelps, official
liquidator, be to enter into a recognisance with two others
to the extent of £lOO • and the money retlimed to be
paid into Meters. Williams and Mi's, bank instead of
the Bank of England.
ALLEM= BIBACH 37 WARIAI777.—EIi Meat e.
John Bisbop.—Tbis was • claim for damages by the
breach of warranty of • cow. The plaintiff is a farmer
of Pelham, and the defendant le • cattle dealer, residing
at East Orseeh, in the pariah of Church Knowle.—Mr.
Weston for plaintiff.—lt seemed that the plaintiff pur-
chased • cow end calf of the defendant at Dorchester
market, Feb. 22nd, for 1.7 155., the defendant warrant-
ing the cow to be perfectly wand and • good twitcher.
It had been eubmitted to auction by Yr. Symonds, and
started at £lO, but there was no bidder. Plaintiff was
afterwards looking at a cow standing sear that one,
when defendant pointed to his cow and calf toying here's
a better one than that you're looking at: I'll warrant the
cow sound and • good wither. Both the cow and calf
were in very poor condition. Defendant said
this was oecasioud by the circumstance that the
calf had only been allowed to suck two teats, as the
other, were required for the use of the house.
The cow and calf were driven to Ptah= by
John Strange, an experiential drover, with several other
cows, and every attention takes of them. Next morn-
ing plaintiff rceetved the animals and at ones saw the
cow was ill, Resent for Mr. North, veterinary surgeon,
who examined the cow, and foetid it was unsound, and
had been so for some time. A fortnight after the day
of purchase plaintiff law defendant, and told him the
sow WY very different from what 14 bad mid—it MY
unsound and • 'scourer," and everything that was bed.
The cow gave 3; pinta of milk morning and night, and
a good cow would give 5 quarto twice • day. He asked
defendant to take it bath, saying he would bear all the
expeoses up to that time. Defendant refused, and
said he would rather speed £lOO in law over it.
On the following Saturday, the cow and calf were sold
by JAI. Kneor, auctioneer, and realised £4 10e. his *ow
minion was Is. Bd.. which left £4 8s; 44. net. Plaintiff
now sued for the Wang* £3 6a. Bcl. and Ifs, expenees
he had incurred in the matter. The plaintiff believed
the calf was a "set calf," ie., had not been borne by the
cow, but was put to it. The defendant denied this, and
said be did not warrant the cow, and it wasn't likely he
would warrens a £7 oow and alt: there 'vas not a word
pseud about soundness, or about the sow being a
good mileher. He attributed it's turning out lead
to being hurriedly driven eight miles on the Saturday
night with some fresh bullocks, and then lying
all night in • damp butes. Defeudent said he gave
£7 10s, for it three weeks before he sold it, and he was
told that the man who bought it at the sale bad sold it
I for £7 10e—His Honour said he was doubtful whether
there was &warranty, and, as defendant said he did not
want any &dominos for expenses if the case was at onto
disposed of, plaintiff consented to a 'seaside
Robert elhorey e. Alfred ChUeott.—At (be Lid court
the plaintiff obtained judgment for £7 Is, and costs
against defendant, for bread supplied to defendant's
customers at Cbarminster, but it waa directed that the
money was not to be paid to plaintiff without • further
"der free' the Judge, as it was intimated that at this
court an action for damages would be brought against
Storey by Cbileott from the framer failing to purchase
Chileott's Waimea according to an alleged agreement.
No such action was entered, and the judge ordered the
money to be paid to the plaintiff.