Ambleside County Court Ambleside Lakes Herald March 24, 1882 Page 4 Thursday before T.H. INGHAM Registrar George GATEY John TAYLOR, furniture broker of Kendal sued T. GIBSON, formerly auctioneer of Ambleside for £13 0s 10d in respect of a business transaction. The case was entered two sittings ago, it coming before a jury, which gave a verdict with costs to defendant. Defendant applied for a new trial on account of the result being against the weight of the evidence; which was granted, and at the last court, the hearing was adjourned until to-day at the request of GIBSON. Mr. DOBSON, solicitor, Kendal and Windermere for plaintiff said that there was now very little between the parties - only a matter of about 8s. Commission had been allowed, and a quantity of gods had been returned. He produced a letter from GIBSON dated January 1881, which showed his bill to be £2 18s 6d, but now it was stated to amount to £4 or £5. Mr. GIBSON said that storage and other considerations had since then to be added, as he had to take care of the goods. Mr. DOBSON observed that the goods were sent to defendant to sell, his commission to be five per cent which was to include everything. GIBSON was claiming from TAYLOR 6d per week for storage of a drawing room suite, a Davenport, and other articles, which made his bill exactly £3. He himself had paid Mr. HUCKERBY 6d a week for storage. The articles had been moved about to eleven sales, which entailed considerable expense, therefore he thought his charge was merely nothing. The reserve price on one article was so great that he had to sell it below figure, but made the fixed price up out of is own pocket. Mr. DOBSON asked that £3 14s be allowed; but the Judge ordered £3 to be paid , the court fees only being granted as costs. The judge thought the transaction a foolish one. James HIGGINS, cab proprietor, of Ambleside sued Thomas AINSWORTH of Commercial Hotel, Bowness for 12s 6d for driving him to Patterdale on 12-Feb-1881. This case had been previously heard and verdict given to plaintiff. At the last court Ainsworth asked for a new trial because he had not been able to attend when the case was originally heard, which was granted. AINSWORTH's defence was that there had been a breach of contract. HIGGINS stated he had agreed to take defendant and Mr. Thomas GIBSON to Patterdale and back from Ambleside. He reached Patterdale at about one o'clock, and bargained to leave at three. The snow was so thick that he found it very difficult to jog along at all. He afterwards saw AINSWORTH, who told him he could not possibly be ready for departure until half past four o'clock (as he would have to finish the sale at which he was auctioneer); Ainsworth also told him to go to the Hotel and get something to eat. Plaintiff answered that he must be ready to depart by four o'clock, otherwise it would be difficult to reach Ambleside at all that night. The charge for the drive there and back was fixed at 12s 6d and he never before punished a pair of horses so much as he did on this occasion, the road being almost impassible. He waited until half past four o'clock, then went to the place of sale. After waiting there until AINSWORTH had disposed of a fishing rod, he asked him if he was ready to leave. On being referred to "Tom" (Mr. GIBSON) who was occupied in writing, he was requested to wait a bit longer, as he could not exactly say how long the sale would last. The plaintiff then went away and drove to Ambleside minus his customers. The Judge: It is provokingly unreasonable of you to leave people in such a manner - such unreasonable nonsense. Why did you leave them at half past four? Plaintiff observed that the agreement was to leave at three o'clock, and had he known the state of the roads he "would not have went for £5". He only got a "trifling" for going. The Judge: You are a very unreasonable man, I never before heard of such a thing. Have you ever previously left people in this way? Plaintiff: No, sir. The Judge: I can not do anything for you. Plaintiff: If you had to engage me to take you anywhere, and I had to turn up an hour and a half behind time you would not have me. The Judge: No, I should think not. I shall do nothing for you; you are not reasonable. The Judge remarked that it would have been more reasonable of plaintiff if he had waited, and charged extra for the delay; but the fact of him going away showed that he was a very unreasonable man. A verdict would be given for defendant, without costs. Defendant asked if he might sue plaintiff for his expenses, but the Judge advised him to let the matter drop. George BREWSTER of Ambleside sued George DICKINSON and his wife £8 9s 6d for drapery goods supplied to the female defendant prior to marriage. Mr. DOBSON for defence and explained that the debt was contracted before marriage - the wife had no separate property. Judge: If that is so the debt cannot be recovered. The Windermere Gas Company sued Mr. BROCKLEBANK of Palmer, Martin and Brocklebank, builders, Bowness for £4 18s 6d for water and gas fittings to his house. Mr. BROCKLEBANK maintained that the water bill of £3 14s 5d and the gas bill of £1 4s 1d were excessively overcharged. Case adjourned to next sitting. James BELL, landlord of Kings Arms Hotel, Kendal sued Staveley Cooperative Bobbin Manufacturing Society for £50 for negligence resulting in his horse having to be shot. Mr. R.F. THOMPSON in the same instance sued for £10 10s. Settled out of court. David Leverton Leverton, Stevens, Clibborn, Dodgson, Hird, Stalker ulpha@telus.net