WHITEHAVEN COUNTY COURT
The monthly County Court was held in the Globe Hotel Assembly-room, on Tuesday last, before T. H. INGHAM, Esq.
There were 197 cases entered for hearing, 81 of which were tried and order-made therein; 95 were settled out of court; and 21 were adjouned.
SYME v. J. PEILE
This was an action brought by Mr. JAMES SYME, surgeon Egremont, against J. PEILE, the elder, of Harris, to recover the sum of five guineas for medical attendance and consultation fees, whilst visiting defendant's son, who was nearly killed in a battle fought on Harris Moor, one Sunday, with a young man named DIXON, who was so severely punished during the conflict that he died shortly afterwards. Dr. DIXON proved the plaintiff's case, with the exception of the first visit, when Mr. SYME went as Dr. DIXON's friend. Mr. PEILE's family, consisting of himself, his son, and three daughters, all swore that Mr. SYME never was engaged, but his Honour placed no faith in their testimony, and gave the plaintiff a verdict for four guineas, striking out the guineas charged for the first visit.
TAYLOR v. IRWIN AND DALTON
The plaintiff, who had been engaged by the defendants as an engineer, when they were contractors for the impovements on the bulwark, claimed 15 guineas for wages due to him for his services after the defendants gave up their contract. The defendants had paid six guineas into court, as the sum which they considered due to the plaintiff, who ultimately, however, obtained an order from his Honour for payment of nine guineas.
NICHOLSON v. KILLINDER
This was a jury case. Mr. W.F. NICHOLSON, grain merchant, Albion-street, appeared to claim the sum of £14 for 10 bushels of wheat delivered to Mr. JOHN BELL, miller, for Mr. JOSEPH KILLINDER, grocer, Whitehaven. Mr. MUSGRAVE appeared for the plaintiff, and Mr. HELDER for the defendant. Mr. BELL had been in the habit of selecting grain for the defendant for some time back. On the 19th of July he received from the plaintiff for Mr. KILLINDER 12 bushels of oats. On the 25th of the same month he got the 10 bushels of wheat sued for, and on the 3rd of August he got other 10 bushels of wheat. On ordering the last 10 bushels, Mr. BELL produced a pass book, into which he requested the plaintiff's accountant to enter the 12 bushels of oats got on the 19th of July, and also the 10 bushels of wheat on the 25th of July. The accountant, not being aware of the sale, just entered into the pass book what Mr. BELL told him. On posting the delivery book some few days after, he discovered the mistake, and on the pass book coming back at a subsequent period he entered the 10 bushels previously omitted. Mr. BELL swore to havng received the grain and delivered it in flour to the defendant. The plaintiff's warehouseman deposed to having delivered the grain to Mr. BELL, and produced the delivery book which showed in what quantities it had been weighed out. Mr. KILLINDER was then put on oath, and said he never authorized Mr. BELL to get the grain, neither had he received the flour. The Judge, in a few sentences, submitted the case to the jury, who returned a verdict for the plaintiff.