The Brewer and the Publican: At the County Court, on Friday, before Mr. Judge Fortescue, a case of some interest brewers and publicans was heard: Mr. Pinsent, brewer, of Abbot, for whom Mr. Baker appeared, was the plaintiff; and the defendant, represented by Mr. Fryer, of Exeter, was, until lately, landlord of the Temple Bar beer-house, Queen-street, Newton, and now lives Poole, Dorset. The case for the plaintiff was that, more than two years ago, he bought Mr. Stranger, a previous occupier of the public-house, certain articles in and about premises for £100 and, on the defendant becoming the occupier, be made an arrangement with him to take off these articles for £70. In the negotiations which took place, Mr. Robins demurred to pay £70 and ultimately Mr. Pinsent agreed to let him have them for £60, the amount paid in installments of £4 a month. Defendant remained in the house nearly two years, and during time paid £36 on account, leaving a balance due of £24. Then the defendant gave possession to his brother, who, after having had two years’ use of the articles, sold the articles again for £50. In addition to the £24, there was further claim of £5 17s for ale supplied: In cross-examination, plaintiff said he took the public house to keep the other brewers out. (Laughter) The £100 he paid to Mr. Stranger was for goodwill as well as the articles. The latter were worth £ 50, but he could not enumerate the articles, as he never saw them. He denied that he ever agreed to sell the articles for £36. Mr. Holmes, managing clerk to the plaintiff, said the defendant and his wife never raised any dispute about the amount agreed to be paid until just before their leaving, when they said they had already paid the full value of the articles. The defence set up by Mr. Fryer was that the amount agreed upon to be paid by defendant to plaintiff was £36, and no more, and the Instalments of £4 month were kept up regularly until the whole was paid. This took nine months, and after that time no application was made for any further sum until the defendant, having let the house to his brother, was about to leave. The fact of Mr. Pinsent having given £100 for the goodwill and goods was easily explained by the circumstance that he, being a brewer, would be disposed to give larger sums than anyone else to be able to supply it beer, having previously been a free house. The £50 paid by the defendant’s brother to him was for other goods as well as those originally purchased by the defendant. With regard to the claim for the ale, it was admitted that one kilderkin, value 18s was returned and received; a second kilderkin was also sent back, but the plaintiff refused to receive it, and it was returned to the defendant’s brother. Defendant and his wife having given evidence in support of the allegation that the sum agreed upon was £36, Mr. Baker replied for the plaintiff, submitting that the balance of testimony was in his favour, inasmuch was very improbable that would sell articles for £36 which only a few weeks previously had cost him £100. His Honour thought people in Mr. Pinsent’s position should be little more businesslike in their proceedings, and he blamed him for not having had a written agreement of the transaction. In a country where people often so grossly misunderstood each other, it was a wonder a little more precaution was not taken to prevent it. It was quite possible in this case that both parties had spoken the truth, but what impressed him was that no application was made to the defendant until a considerable time after the payment of installments amounting to £36 had ceased. It might have been that, as the defendant left his situation at the gasworks just then, the plaintiff did not wish to press him. Although he thought this fact told strongly against Mr. Pinsent, he did not believe he would come into Court to commit perjury for the sake of £30 or £40. Taking all the probabilities of the case into consideration, he gave a verdict for the plaintiff for £4 19s. being £1 4s. beyond the £3 15s. paid into Court on account of the beer supplied.
[see also Exeter and Plymouth Gazette Daily Telegrams: Saturday 14th October 1876]
Transcribed in whole or part from scanned originals: Presented with or without modified text and punctuation. For absolute accuracy refer to the original newspapers. Source: The British Newspaper Archive.
Referenced
GRO0518 Devonport: John Ball Pinsent: 1819 – 1901