Woolwich Gazette, Saturday, 6 November, 1878.

Smee v. Barnes.

In this action Mr. Scard, solicitor, attended for the defendant, whilst the plaintiff, landlord of the "Old Rock of Gibraltar" public house, Evelyn Street, Deptford, conducted his own case. The plaintiff said defendant succeeded him as landlord of the above house, and the sum of £2 was left in the hands of defendants broker, in order that the gas might be laid on to a lamp outside the house. The required work, however, was done by the gas company, no charge being made, but the £2 had not been returned to him (plaintive). He also claimed for some fowls, pigeons, and two brandy casks left on the premises. Mr. Barnes said he never had the £2, which was left in the hands of the broker. As to the fowls, four of them had been killed by the dog of a neighbour, a grocer. Mr. Smee could have the birds had he applied for them, but he had not done so, but had a applied for payment. He never refused to give the birds up. The judge told the plaintiff he could not recover in the form in which he had brought the action, as for goods sold and not as for for retinue. He had no right of action for the £2, as it had been left on deposit, and the birds had not been bought by Mr. Barnes. He must therefore be nonrated. Mr. Smee said he had brought and paid for the brandy casks. A person in court, who said he represented the broker who conducted the transfer to the public house, said in the event of Mr. Barnes giving up the casks to Mr. Smee, the distiller might claim for them. The judge said Mr. Smee had leave to bring his action in another form, and if the distiller interfered he would have him before him as a witness, and any other person concerned.

An application by Mr. Scard for costs on behalf of defendant was not acceded to.