Mold Mineral Oil Co. v. Lavender
The plaintiffs in this action sought to recover £17 10s. 3d. balance of account due by defendants for grease. —Mr C. Parry appeared for plaintiffs; Mr Roper represented the defendant Lavender.
Mr Parry, in opening the case, said that when the goods were supplied to defendants they were in partnership, but since then the partnership had been dissolved; and he called Bacon, who said that the goods were bought by him of Thomas Strange, manager of the Mold Mineral Oil Company's works at Padeswood. The purchase was made in August, 1865, and the partnership then existing between Mr Lavender and him was dissolved on the 10th of May, last year. — ln cross-examination by Mr Roper, witness said he purchased the goods of Strange Brothers, and the invoices were headed with their names. They were oil brokers.
Mr John Jones (Beehive) was then called, and said he unfortunately was a shareholder in the Mold Mineral Company. Thomas Strange was their manager, as paid servant. He had no right to sell oil belonging to the company in his own name. — Bacon was then recalled, and, in reply to his Honour, he said that he saw some of the goods, for which the debt now sued for was contracted, on the premises of the Mold Mineral Oil Company. — Mr Roper then said that his client had no wish to evade any just claim brought against him, but in May, 1867, when the partnership existing between him and Bacon was dissolved, it was arranged that the latter should dispose of all the stock they had on hand, collect all debts due, and pay off all claims against them. Besides, he submitted the debt was contracted with Strange Brothers, who were oil brokers.
His Honour said that one of the partners had stated in evidence that Strange had no power to sell goods belonging to this company in his own name; and, moreover, Bacon had stated he saw some of the goods on the plaintiffs' premises; therefore there must be judgement for the amount. — Mr Roper then applied for time, that his client might get the amount from Bacon, who had had the effects of the firm of Lavender and Bacon to dispose of, and whose duty it was to have paid the present claim. — Mr Parry objected, on the ground that Bacon would probably come before his Honour in another form shortly. — His Honour; Then he hasn't saved it ? (Laughter.) Ultimately a week was allowed to pay the claim.
The Wrexham Advertiser, 25th January 1868