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    1. [ENG-WESTMORLAND] Ambleside County Court February and May 1883
    2. David Leverton
    3. Ambleside County Court Ambleside Lakes Herald February 23, 1883 Thursday before T.H. INGHAM, Judge Held yesterday when business consisted of the following cases: 6 adjourned, 77 new, 1 new trial, 1 Sci fa, 4 defended, 8 adjourned commitment, and 8 original summonses. Undisputed cases dispensed with by Geo. GATEY, Esq., registrar. The undermentioned came before a judge. BONNEY vs. FORSYTH New trial from last Court, on application of FORSYTH J.D. DOBSON, solicitor, Bowness for Mr. BONNEY Mr. BONNEY, a plumber urged conclusion of the matter as this was the sixth time plaintiff had attended. Defendant did not appear and the debt was ordered to be paid and full costs allowed. John HILEY, of Bowness, tailor sued Thomas GRAVESON of Birklands for £6 6s amount owing for wearing apparel for his son Plaintiff said defendant got a suit of clothes and a waterproof overcoat for his son who at the time was only 20 years of age but now was over 21. The son ordered them, but the father received them and promised to see that the money should be paid. Defendant pleaded that he never intended to pay for the clothes, but promised he would do his best to induce his son to pay for them. The judge observed as the father had not agreed in writing to pay for his son's clothes, he could not be compelled to do so. The son owed the money and his being under 21 years of age at the time the clothes were served did not exempt the young man from debt. The case was ordered to stand over, the father promised to write to his son (who was now in New Zealand) and do his best to persuade him to sent the money. Robert WREN, labourer of Consiton sued B. JOHNS, manager to the Coniston Mining company for £2 13s 9d for work done WREN said he had been engaged to work by the day at the rate of 3s 9d a day. He was engaged at this price for 17 days but as his employer refused to pay the full amount, he took the present action. Mr. JOHNS stated that plaintiff had been sent to make a little soil cutting for a new level. For the first day or two he was allowed 3s 9d per day, but afterwards a verbal contract was entered into by them (for the more speedy completion of the cutting), the scale of pay agreed upon being 1s per cubic yard, the previous two days work having to be thrown in and calculated after the same rate. There were 34 cubic yards and the pay agreed upon was much in excess of usual contracts, which was 8d. Plaintiff said he never entered into any contract other than at the scale of 3s 9d per day. Defendant had mentioned about the 1s per cubic yard to him but that it was not to be entered into until he could get a mate, and when he succeed in obtaining one the foreman (Mr. Hudson) would not allow his mate to work. The judge reminded the defendant that any contracts he entered into should be in writing if they were intended to be binding, a point of which all men of business should know. Ordered to pay full amount. George CRAGG sued Crosthwaite BELL (both of Ambleside) for £2 18s amount due for meat and defendant sued plaintiff for £1 5s 2d for driving cattle for him, five journeys from Wythburn to Ambleside. The amount owing to Mr. CRAGG was not denied; but the amount regarding the counter claim was disputed. Mr. BELL was employed by Messrs. FLEMING and ASPLIN, butchers, and had some cattle to bring over occasionally from Wythburn. Mr. FLEMING was asked if CRAGG's cattle could be brought over at the same time and he consented, stating that if anything was to be paid it had to be handed to him, not to Mr. BELL. Besides, five journeys had been charged while in reality there were only three. Mr. BELL contended that he was instructed to receive pay for driving the cattle. As witnesses were not forthcoming the judged ordered the case to stand over until the next court. Mr. DOBSON, on behalf of the Trustees of the estate of W.M. KING, surgeon, of Ambleside brought up a point of law for the Judge to decide. A bill had been sent by Messrs. KING and REDMAYNE to Mr. James GIBSON, grocer, Ambleside, previous to the liquidation of Mr. KING. Mr. GIBSON had a counter bill which he sent in to Mr. KING requesting him to receipt it and leave the balance. The judge decided that it was not lawful, if the debt owing to Mr. GIBSON was due from Mr. KING alone, to settle accounts in this manner and by so doing, it was unfair to Mr. REDMAYNE. He therefore non-suited Mr. GIBSON. Ambleside Lakes Herald May 4, 1883 Thursday before T.H. INGHAM, Esquire, Judge A periodical sitting of this Court was held yesterday when the annexed list of cases were dispensed: 91 original cases, 7 adjourned causses, 3 adjourned commitment summonses. All undisputed cases were disposed of by Geo. GATEY, registrar. Messrs. CASSON and CHAMLEY, Auctioneers, Ulverston sued William BALDRY, bookseller, Grasmere for 28s, the price bid at a sale for a reading desk taken from Grasmere Church. Defendant contended that legally he ought to pay only 21s because his only rival above the sum was the vendor himself - Rev. H.M. FLETCHER. Mr. BALDRY had a set-off for £4 10s against the Rector and Churchwardens of Grasmere, and he had instituted this claim in Court thus making a cross summons. However the claim against the Rector was not proceeded with on account of his being abroad. Replying to the Judge Mr. BALDRY said that he bid 28s and that he was sober at the time - he had never been drunk in his life. The Judge ordered the full amount to be paid, also the expenses of Mr. CHAMLEY who represented the firm. Mr. BALDRY's counter claim will be heard at the next Court. Windermere Pleasure Boating Company sued James WALKER junr for £17 4s the price of Boats purchased. Defendant did not appear and the Judge gave a verdict for plaintiffs - payment £3 per month. Mr. T. HARTLEY represented the Company. George CRAGG v. Crosthwaite BELL, both of Ambleside was heard again. Judge ordered the amount charged £1 5s 2d by defendant for driving cattle to be reduced to 15s. The sum (£2 18s) owing to Mr. CRAGG was not disputed and was ordered to be paid. Mr. W. ASPLIN appeared as a witness. David Leverton Leverton, Stevens, Clibborn, Dodgson, Hird, Stalker ulpha@telus.net

    06/20/2009 01:44:54