The Northern Daily Times.
Liverpool, Merseyside, England, 1853-09-28 00:00:00

COUNTY COURT, YESTEEDAY

THE apart sat at ten o'clock yesterday, -and proceeded
with the hearing of actioni for debt, Many of which were of
a trivial character, not possessing any 4piiblic interest.
KERR V. WIIITMORE.—In this case the plaintiff, Andrew
Kerr, sought to recover a sum of £3 16s.- from a person
named Whitmore, who kept a public house in Tithebarn-
Street. The statement of the plaintiff was, that defendant
owed a sum of £l5 for the rent of a booth at the Aintreo
race-course, which plaintiff was employed to collect, and
that accordingly in last July he went to defendant's house,
and was paid by him £l4, for which he gave a receipt in
full for the rent. The money was paid in one -five-pound
note and nine sovereigns. • Plaintiff stated that he had
£3 16s. in silver, for which he asked defendant to give hint
gold, and that defendant took the silver and never gave him
the change. On the following day, the plaintiff stated that
he missed the £3 165., when he went to balante his cash,
and that on the day after he saw Whitmore at the race-

course, and told him7he hadnot given him the Money. Whit-
more said that he had paid him, and would not pay him
again.—Mr. Etty appeared for the plaintiff; and Mr.
Grocott for the defence. .On the part of the defendant,
Mr. Grocott stated that he would be able to prove that
Mr. Whitmore had given theplaintiff seven half-sovereigns,
And lAncled..l4im.b4 4kk. •
request, he had again changed six or the balf soyereigtiefor

three sovereigns. -Mr. Whitmore was examined and I
deposed that he had put upon the table seven half so

that plaintiff asked- hint- for - sovereigns, saying

sovereigns. were.as small as sixpences, upon ivhfel
gave him three sovereigns, and that he saw hini y
_

. .
iVith the seventh half sovereign, into a' bag which he put
into his pocket. Witness further added, that when plaintiff
was going away there was sixpence lying on the table, which
he reminded plaintiff belonged to him, and plaintiff imme-
diately gave it in payment for some brandy and gin which
they had drunk. On the following day, Tuesday, he met plain-
tiff on the race course, but he made no mention.of missing
the money until Wednesday. In answer to the ',Court, Mr.
Whitmore stated that he kept an account in his books of the
money he had in bands every morning, and the.amount he re-
ceived and paid away during the day. Mrs. ;Whitmore, wife
of defendant, fully coroborated his evidence, and :stated that
when plaintiff subsequently alleged that he had not taken
the money, she reminded him that the half sovereigns had been
changed for sovereigns, when he . replied that he had.
received them, but that he lutist have left them upon
the table. Plaintiff positively denied the occurrence regard-
ing the half sovereigns, and them being changed for
sovereigns, as-well as -the subsequent conversation alleged
to have taken place. He admitted that he had left the bag
containing the money for a short time at the house of a party
on the day after the occurrence. The Court said it was a
case in-Which the fullest evidence should be obtained. The
plaintiff was bound to produce the person with whom he
had left the bag containing his money, and the' defendant
should produce his books, by .which it would be-seen what
money he had paid away on the day in question. . The par-
ties contradicted each other in very material facts, besides
the putting of the gold upon the table, because all the conver-
sations alleged to have taken place subsequently were flatly
denied. The fullest information ought, therefore,, to be had
on the subject, before a decision was given which would cer-
tainly be painful to one side or the other. • The case should,
therefore, be adjourned until the 7th of. October.
CHRISTIE V. NEwALL.—This was an action brought upon
the part of Mr. Christie, publisher, to recover 6s. 6d., the
price of one volume of a periodical work furnished to de-
fendant at his own order. A witness named Maclean was
examined for the plaintiff, iho Stated, that defendant had
given him an order with his signature for the work, which
was to be supplied in monthly voliimes and of which he
had supplied five, the last of which defendantC refused to pay
for. The defendant, Mr.' Newall, deposed that he had re-
ceived the volumes at his residence atiel.`tit his' Worlishop, and
that at the latter place he received.; and paid for the fifth
volume. Subsequently to which a second copy.of, the same
volume was left at his residence,` he declined to pay
for. Mr. Maclean stated that he was the only person who
delivered publications on the part of; Mr. Christie,' and that
he had only delivered one copy of. the volume; for which
defendant refused w pay. Tlic Lour! : Then kov; is a man
to know when a book is deliveredlliat it does not come
from you ? If persons choose to carry. on this- trade they
must do so in such a way that the public will be protected,
and I do not think that under these circumstances .any man
could discover when a book was. delivered that if did not
come from the proper person. Mr. Maclean said he had
delivered the volumes himself at Mr. Newall's .residence.
Court : You delivered one at' the workshop. Mr: Maclean :
That was where I got the order. Court : I must non-
suit you. Ido not think you, have any claim whatever upon
him. You are entitled to your costs; 'Mr. Newell. r
JERVIS a. WOOD.---This was an action brought' by Cap-
tain Isaac Jervis of a vessel called the Pigeon, against Mr.
James M. Wood, to recover an amount- of head- money,
which plaintiff clainied upon the landing at Liverpool of 50
turtles, consigned to the defendant. .. Mr. Rime appeared
for the plaintiff, and Mr. -Almond for the defence: From
the evidence given on behalf of the plaintiff, it appeared that
defendant had chartered his vessel to.bring 70 turtles, and a
quantity of pine apples from Nassau, consigned to him, and
by the terms of the agreement, the master was to receive 3s.
head money upon each of the turtles he delivered alive.
Sixty-siz turtles were shipped on board the vessel,
.of which
16 died on the voyage, and Mr. Wood had refused to pay
.the head money upon the remainder, which it as now
sought to recover. On the part of the defence, Mr. Almond
contended that the original contract was for the delivery of
a certain number of turtles, which. had not been complied
with, and therefore the master was not entitled to receive
the amount. It was also alleged that the master had con-
verted 22 of the turtles and a large quantity of the pine
apples to the purpose of private speculation of his own,
which, besides being a violation of the agreement, rendered
him liable for freight to the charterer, in the same 'manner
as any private party. Mr Wood was briefly examined, and.
deposed that he had received 46 turtles alive, and 3 dead.
Court : As at present advised, I shall hold that the captain
is entitled to recover the amount of 'head money upon the
turtes which he delivered; but I shall give the;other side
an opportunity of bringing any action they may. think fit.
Mr. Almond applied to have the sun' paid into 'court, to.
abide the result of an action which the defendant intended
to bring. Mr. Hime opposed the application. The Court
decided in favour of Mr. Almond, and ordered that 46 18s.,
being .3s. head money on each of the 46 turtle delivered
alive, should be paid into court, with costs, to wait the result
of any action brought by defendant. -
CHRISTIE v. FRAZER.—This was a case of a somewhat
similar nature. Mr. Maelean statedthat the defenant had
been receiving from him a periodical. called the " Root and
Shoemaker's Assistant," which he requested witness to
change for the "Popular Encyclopaedia.. Witness .agreed
to do so. He supplied Mr. Frazer with five volumek of the
Encyclopaedia, whickwas to be completed in fourteen, at ten
shillings each, and Mr. Frazer now declined to pay,for the
fifth volume. Mr. Frazer deposed that he had expressly
agreed that he should be at liberty tAliscontinue receiving
the work if he did not approve of it, and that accordingly he
had not signed the agreement. He subsequently-found that
the work was already in piiblicationi and sold cheaper by
other parties, and he therefore declared' that he would not
receive any more volumes-of. it after he had been supplied
with the fourth. Notwithstanding ,that intimation, the
fifth volume was left at his resideneb.--Court : It appears to
me that the plaintiff has been ,going 'about telling& people
that a work is coming out in parts„ which has been actually
completed. That is a fraud upon the. ,public. Persons may
naturally feel inclined to subscribe te'arwork which contains
the latest information, and is issuiagf.from time to time,
but they may not feel inclined to aukicribe to a worn which
is all complete. At all events they ought to know that it is
complete. After a work of the kind comes out, it gene-
rally is to be had cheaper—Mr. Maclean submitted that the
work in question could not be had cheaper.---Court :.At all,
events we know that many of these works do fall in prix le
after they are published, and the.' public have a right, to
know whether they are getting a work, actually coming out
from time to time, or one which has been published, for- the
i
plain reason that n the latter case,. there may be ar'iaance,
of getting a cheaper or a second-hand copy of th.o same
work. The Court accordingly pronounced jUdglitelit in
favour of the defendant. • •

CRUISE V. PILRINGTON AND WILSON. In this case the
plaintiff sought to recover £3 10s. from Messrs. Pilkington
and Wilson, for services, in supplyingthe emigrant vessel, the
" Atlantic," with water. The plaintiff stated that -he had
been paid several accounts before by Messrs. hiking-
ton and Wilson, on the order of the captafm, and that it was
upon his order the present service had keen performed. On
the part of the defence it was alleged, that the service had
been performed after the vessel cad cleared the custom
House, and when the agents we-re no longer responsible for
the order of the captain. The court agreed to allow the
case to stand until October, for the production of one of
Messrs. Pilkington and Wilson's clerks, who, it was alleged,
was present at the last order, but stated, that if it ap-
peared that the former orders of the captain had been paid
by defendants, he should hold them responsible for the
amount thus claimed, unless some proof were given by them
that they had intimated when their connexion with the ves-
sel ceased.

The court adjourned alertly after half-pad four o'clock.