Skip to main content
Hide Articles List

22 articles on this Page




---SATURDAY, MARCH 15, 1879.















COUNTY COURTS. Claim BY IBONFO CTNDEBS.—At the Cardiff County Court, on Tuesday (before Mr. J. M. Herbert, judge), the adjourned case of Newbery and Co. v. Jarvis and Son again came on for hearing. Mr. Jeffreys appeared for the plaintiffs, instructed by Mr. Wm. Jones, and the defendants were represented by Mr> John Jones. The plaintiffs are ironfonnders oarrying on business in Cardiff, and the aotion was brought to recover the sum of £15, being the amount of a dis- honoured acceptance of the defendants, as part payment for an engine supplied to them in February, 1878, under the "purchase hire" system, at tbeir steam cabinet works in Boath. The defendants set up a counter claim for £ 42 ls.6d. damages alleged to have been sustained in oonsequence of certain defects in the machinery oftheenxineand especially in the "governor." The defendants called several witnesses at the laat sitting of the court to prove that they suffered the alleged damages in consequenoe of the defects in the machinery, and on this occasion the plaintiffs produced evidence in answer to the oounter claim. 1 he witnesses called were Mr. Fedden, Mr. Bichmond (late foreman, to the plaintiffs), Mr. Allen (of the Bute Engineering Works), and Mr. John Taylor, an engineer, who generally supported the plaintiffs' allegation that the engine was of good workmanship. Hia Honour reserved judgment until the next court. APPLICATION FOR A NEW TRIAL.—An appli- cation was made at the Cardiff County Court, on Tuesday (before Mr. J. M. Herbert, judge), by Mr. Jeffreys (instructed by Mr. Salmon), in be- half of Mr. Edward Whiffiu, for a new trial in respect of a olaim for trespass brought against him a few months ago by Mr. Daniel Jones, in which judgment was entered against him. Mr. Stephens (who represented Mr Jones) opposed the application on the ground that the defendant had ample opportunity of making the best of his case at the last trial, and that the plaintiff's case was fully proved. The facta were that Mr. Whiftin bought some land at Severn-road, Canton, upon whichhe built a candle faotory, and it was alleged that the boundary wall projected several feet on the land belonging to the Dean and Chapter of Llandaff, for whioh he paid a nominal yearly rent. This land was afterwards purchased by Mr. Daniel Jones, who gave Mr. Whlffinnotioe to quit. Be refused to do so, and the present aotion resulted. The application' for a new trial was on the ground that the defendant, who had conducted his own calle, was not properly represented on' the last occasion, and affidavits were made showing that no en. oroachment bad taken place. His Honour, after hearing the arguments of the advocates on both sides, said that so far as he could see the present application was made in (order to give Mr. Wbiffin the right of appealing, which he neglected to do in time at the first trial, and he did not think it likely that he should alter his original judgment if a new trial were granted. However, he would go through his notes of the evidenoa, and carefully consider the affidavits, and decide upon the matter at a future date. MOTION IN BANKRUPTCY AT NEWPORT. —On Wednesday hiB Honour Judge Herbert, sitting at Newport Connty Court, heard an appli- cation in the matter of the Bev. J. C. S. Darby, a bankrupt. Mr. H. G. Lloyd applied oa behalf of the trustee to his Honour to perpetuate an interim order (granted by Mr. Maddy at the last court) restraining the bankrupt from distraining on the effects of B. K. Leonard add others for tithes, and to prevent him from interfering in any way in the collection of tithes, whioh were sequestrated on the 17th of November, 1878. Mr. Wyndham Pain opposed the application in the interest of the bankrupt. His Honour said that tie did not know whether he had power to order the bankrupt to refrain from distraining, but he was bound, directly he got the money into his hands, to account for it either to the trustee or the sequestrator. Mr. Pain sub. mitted that the sequestrator could only collect the tithes which accrued after the publication of the notioe of sequestration on the churoh floors; and that as long as the bankrupt continued tc perform his duties he should be allowed suob an annual sum as tbe bishop' may direct. His Honour said he thought it was clear beyond all doubt that the sequestrator was the proper person to collect the rent charge, and he should oertainly advise the tithe-payers of the pariah not to p"y the rector. Mr. Pain said he had to ask his Honour to order the trustee to refund certain tithes due prior to the date of sequeBtrati jn. The Judge said the two motions had better stand over. Tbeinterim injunction would be continued, and he would consider the whole matter. ACTION FOB ILLEGAL REMOVAL OF GOODS.— At tbe Aberdare County Court, on Tuesday, Judge Falconer gave his decision in the oase in which Barris Bernptein, of Dowlaia, and Morris Jaoob, Mountain Ash, sued Thomas Jones, of the George Hotel, Aberdare, for .£15, on aocount of an alleged illegal removal of good a upon which the plaintiff a held a bill of sale. The particulars of the oase have already appeared. Judgment was given for the defendant. BE THOMAS WATKINS, IN LIQUIDATION.—At Aberdare Ccunty Court, on Wednesday (before Judge Falconer), the motion William D*vies, cattle dealer, of Aberdare, v. David Evans, auctioneer and accountant, of Merthyr and Aber- dare, was heard. This was an application by Mr. H. P. Linton, on behalf of Mr. William Davies, that he was entitled to have an aocount taken of what waa due to him on aooount of principal, interests, and costs on a certain mortgage, dated tbe 13th of August, 1859, made between the said Thomas Watkirs on the one part, and Mr. C. H. James of the other part, whioh had been paid off and transferred to the said William Davies; also of what was due to the said William Davies on a judgment recovered by him against Thomas Watkins, in the Queen's Bench, on the 15th of May, 1878, for £ 90 5s. lid. j also for what was due to the said William Davies, for cnets in an aotion instituted by him in the Chanoery Division against Thomas Watkins, and of and oonneoted with the several orders for the Chanoery Division against Thomas Watkins, and of and oonneoted with the several orders for the appointment of receiver in the said aotion. Mr. Linton also applied for payment of the amount which should be found to be due to the said which should be found to be due to the said William Davies and tbe receiver on the taking of sueh aooount, and that the premises oomprised in the mortgage should be add by publio auction or private contract, and that the said trustee might concur in the said sale, and that the amount which should bo found due to the said William Davies should be paid to him out of the proceeds of such sale. The facts of the case out of whioh the prooeediugl arose were stated by Mr. Linton, who said that before the filing of the petition by the debtor, the Master of the Bolls had ordered the appointment of a receiver in the action instituted by him in the Chancery division, and that he was therefore entitled to a charge in respect of the judgment obtained by him in the Queen's Qenoh, whioh judgment had been duly registered. Mr. Linton then cited several authorities in support of his motion, after whioh Mr. W. Beddoe, who appeared for the trustee, argued on the other hand that it was incumbent upon the applicant in the present motion to have issued a writ of eteyit before he had commenced proceedings in the Chanoery division, and he likewise quoted numerous authorities in support of his allegation. After hearing Mr. Linton in reply, his Honour made an order in the terms of the notioe of motion, with costs. Mr. Beddoe intimated that he should appeal against his Honour's deoision.