Newton: County Court: Friday: Before Judge Fortescue: There were 19 defended cases for hearing today, 16 of which were brought by the West of England Sack Company to recover £120 17s 6d for the hire of sacks, and others that had not been returned: Two of these were jury cases: the case of Hannaford v Elliott referred to Mr. Sawdye, junr. of Ashburton, at the last Court, which £40 was claimed for a horse. Mr. Creed, who appeared for the plaintiff, now stated that the arbitrator had given his award for £30, and asked that judgment be entered for that amount, which was done. Mr. Baker appeared for the defendant. The West of England Sack Company v. Pinsent: Jury case: Mr. Reed, of the firm Cook and Reed, Bridgwater, appeared for the plaintiffs; and Mr. Baker for the defendant, brewer and spirit merchant of this town. The action was brought to recover £30 5s 8d for the hire of sacks in the latter months of 1872, including the price of a few that had not been returned. The case, which lasted several hours, was of a very complicated nature, inasmuch as it revealed the fact that a large number of sacks were ordered by other parties in Mr. Pinsent’s name without any written authority, and contrary to the printed instructions of the Company; others were alleged to have been returned and not credited; for instance, it was proved that a Mr. Pinhay borrowed 35 sacks in Mr. Pinsent’s name without his authority, and Mr. Hawke, of Dartmouth, in 1872, sent a quantity of barley to Mr. Pinsent in the Company’s sacks, 143 in all, but of which, although returned, 93 alone were credited, leaving 50 uncredited. In addition to that 48 were transferred to Mr. Tully but charged to Mr. Pinsent. There is thus accounted for 133 sacks, which the defence contended was 10 more than they were actually charged for, and consequently were not indebted. Numerous witnesses were examined, and a receipt put in of an account settled the 10th Dec. 1873, for £3 15s 3d, which, with 18s 6d for six sacks that were rejected, made a total of £4 13s 9d. That was the last transaction defendant had with the plaintiffs, and that time there was a balance of 10 sacks to the credit of the defendant. The case lasted 6 ½ hours and resulted in a verdict for the defendant. All the other cases were adjourned, and the second jury discharged.
[Western Times: Tuesday 12th December 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