BIRMINGHAM COUNTY COURT. — YESTERDAY.
BEFORE HIS HONOUR JUDGE CHALMERS.
ACTION AGAINST A TRUSTEE. – John Allen, maltster, 105, Ravenshurst Street, brought an action against Joseph Peace, accountant, Temple Row, trustee of the estate of Walter Adams [Walter Adams (1834-1888)], the Rodney Inn, Hill Street, who filed his petition in January, 1881, to recover £9. 10s. 11d. for malt supplied. Mr. Pritchett (instructed by Messrs. Docker and Jagger) appeared for the plaintiff, and Mr. O’Connor for the defendant. – The case for the plaintiff was that when Adams filed his petition Mr. Peace was appointed receiver and manager of the public-house. Adams then ordered a quantity of malt from the plaintiff, and after it was delivered the trustee refused to pay for it, saying that he did not authorise the purchase. – Witnesses were called, Mrs. Adams [Emily Elizabeth (Newman) (Wallis) Adams] asserting that she received authority to buy the malt from the trustee. – On the other hand, Mr. Peace denied that he instructed Adams or anyone else to make the purchase, or that he knew it was delivered at the public-house. Neither did he know that the malt was used in brewing. A bailiff named Plant was in possession of the house, but Adams and his wife were also allowed to remain. The estate was closed in August, 1883, and the plaintiff did not send him an invoice nor ask for payment until twelve months afterwards. – The plaintiff was recalled, and stated that he saw the trustee soon after the malt was delivered, but he did not mention the transaction because the malt was sent in the ordinary course of business. He applied for payment, however, as soon as he thought the estate was being settled. – His Honour said he believed the malt was ordered without the authority of the trustee, and gave a verdict for the defendant.
(Birmingham Daily Post, 5th December 1884)
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