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Colonial Cases

Rickards v. Miller, 1874

[arbitration - partnership]

 

Rickards v. Miller

Arbitration
Gore, 21 September 1874
Source: Northern Territory Times and Gazette, 26 September 1874, p 3

 

LAW COURTS.

RICKARDS V. MILLER,

IN ARBITRATION.

"I, Alfred Gore, being the arbitrator appointed under the authority of the Local Court, Palmerston, and with the written consent of the attorneys of both parties, do give this as my award:

"1st. That the partnership between the above-named was terminated by

mutual consent on the 17th of April, 1874.

"2nd. That it was stipulated at the time of such dissolution that all accounts due to or by the late firm should be settled by J. D. Miller; that, the said J. D. Miller agreed to pay C. Rickards such sum as may be found due to him by instalments, bearing interest at the rate of 20 per cent, until liquidated ; that it was further agreed on the 20th July last that such payments should be made quarterly.

"3rd. That on examining plaintiff and defendant, and going into the accounts submitted to me, and both parties agreeing as to the several amounts which go to make up the statement of their liabilities and assets at the time of the dissolution, I find there was a considerable deficiency; and that the total respective drawings of each partner has been nearly equal.

"4th. That the estate showing a loss at time of the dissolution of partnership, the plaintiff (C. Rickards) has no claim against the defendant (J. D. Miller).

"5th. That as this action was taken by the plaintiff in consequence of the delay on the part of the defendant in submitting a complete statement of the partnership affairs to the plaintiff, the costs of the summons, and the costs of this award be paid by James Dunsmere Miller, the defendant.

"ALFRED GORE."

"Palmerston, 21st Sept., 1874."

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