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Colonial Cases

Milner v. Gore, 1874

[partnership]

Milner v. Gore


Local Court, Palmerston
Price SM, 7 August 1874
Source: Northern Territory Times and Gazette, 15 August 1874, p 3

LAW COURTS.
LOCAL COURT-PALMERSTON.


FRIDAY, AUGUST 7.
(Before Mr. Price, S.M., Mr. Lindsay, and Mr. Frew, J.P.'s.)
Millner v. Gore and Others-Adjourned case. Claim for £50.
Mr. Smith for the plaintiffs and Mr. Rudall for the defendant.

The Hon. Thos. Reynolds was examined, and said in June, 1873, he was in Palmerston. Remembered the firm of Reynolds, Gore,. & Co. It consisted of S. E. Reynolds, Alfred Gore, and Alfred Dewhirst Core. Could not say what his son's means were when he went into the partnership. He was previously in partnership with witness. He went with the Gore's when witness came to Palmerston. Acted under a power of attorney from his son, and telegraphed for a sum of money to meet liabilities in Adelaide. Believed the amount was £100. It was remitted. Never advertised in the Gazette that he was attorney for Reynolds, Gore, and Co. Received three amounts whilst collecting for the firm, including £14 from Mr. Wills, and a cheque of £53 from Mr. Douglas. Received payment for some dried fruit of his own, amounting to £26. Paid a cheque of Reynolds, Gore, and Co. for £60. Never had any money from the firm whilst in Palmerston. Consigned £80 worth of fruit, and only received £26. Never ordered any public officer to hold over three cheques of Reynolds, Gore, & Co. in any way. Censured the then Resident for not sending all the cheques and orders to Adelaide by the Flying Cloud. Never gave instructions to hold over the orders of Reynolds, Gore, & Co. Saw his son's books and papers before he left last time. There saw an order of Joshua Jones to supply one Lawrie with certain goods on his account. Never to his knowledge asked Abbott to lend money to Reynolds, Gore, and Co., nor did he ask Barclay. Never asked anyone in Adelaide to lend money to that firm. The firm brought up goods in the Mary King. Gave some orders about the Customs; but not to enable his son to land the goods before the collecting of the Customs. The order was pursuant to a resolution of the House of Assembly. Never postponed the order. Was always opposed to the Collection of Customs here. Never to his recollection received any money here from his son. Took no money out of the business. Never looked at the books until just before he left the last time. No debt of witness's was paid up here-only the £26 already referred to. The telegram for £100 was to Thos. F. Reynolds. That telegram was now with his son in Adelaide.

By Mr. Rudall-Never was a member of the firm of Reynolds, Gore, & Co. or S. E. Reynolds & Co. Never drew any money for himself from Reynolds, Gore, & Co. Never paid Fry £42 on account of Reynolds, Gore, &c Co., or any other amount. Held an I.O.U. from Wills due to the firm of Reynolds, Gore, and Co. Paid several cheques for that firm out of the monev received for them. Never sent private telegrams at the public expense. Never received £200 out of the firm as a partner. Plaintiff never spoke to witness about the payment of the cheque in question.

By Mr. Smith-Did not bring any goods of importance from Timor to Palmerston. The cheque paid to Fry was Wescott's. Did not give the cheque; only altered "Adelaide " to "Palmerston." It was to pay a dishonored cheque of Reynolds, Gore, and Co

G. Minza was called as to partnership affairs.

R. E. Gardiner was examined with reference to certain matters referred to in Mr. Reynolds' evidence. Knew Mr. Hood, the accountant, who received money for the Government. May have seen three orders on Reynolds, Gore, Co. Had seen several of £105, some of £70, and some of £35. The originals were now in Adelaide. Never saw any writing of Thos. Reynolds on the orders. Saw a minute in the handwriting of Mr. Reynolds relating to certain orders for money. Received them from Acting Government Resident, and gave them to the Government Resident.

Thos. F. Reynolds and Dr. Millner gave some further evidence.

J. Jones stated that the Hon Thos. Reynolds spoke to witness and Mr. Abbott in Adelaide, and said that he wanted money for his son's business in Port Darwin. He told Mr. Abbott he would give some Winn's shares as security. Mr. Abbott did not give an answer.

Mr. Smith at this stage of the case applied for a Commission to examine witnesses in Adelaide. The order was granted, and the case was adjourned till the arrival of the Commission.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School