Kentish Gazette, 16 April 1850.
CANTERBURY COUNTY COURT.
This court held its usual sitting before C. Harwood, Esq., on Wednesday
last. There were 60 cases, of which the following are those which
excited most interest.
Beer v. Beer:— This was an action to recover the sum of £2, being the
amount of a weekly stipend claimed to be due, from the defendants
William and George Beer, said to be joint maltsters and brewers, of
Broad-Street to Alfred James Beer, the son of Wm. Beer.
Mr. Sandys appeared for the plaintiff, and Mr. DeLasaux for the
defendants William and George Beer. There were two other actions of a
similar character, but it was agreed that the decision in this case
should rule the others.
Mr. Sandys stated the case at great length, from which together with the
evidence adduced and the letters read, it appeared that the business
originally belonged to Mr. Wm. Beer, who had carried on the business of
a brewer for many years in Broad-street, Canterbury, on his own account;
his sons George and Alfred, being in his service. In 1842 Mr. Wm. Beer,
falling into difficulties, made over the business to his eldest son
George, who continued it in his (George’s) name till in 1844 it was
verbally agreed between
them that the father should again enter into the business and that they
should equally share the profits. This arrangement had been acted upon
until recently; but it had lately been thought advisable and determined
upon to have regular articles of partnership drawn up. My. Sandys had
prepared a draft, and submitted it for approval. Of this draft Mr.
George Beer disapproved, on the ground of its prohibiting either party
purchasing public houses or other property, without each other’s mutual
consent, and that both should devote their attention exclusive to the
business. George at the same time admitting his father to be entitled to
a moiety of the business. It was true the business was carried on in Mr.
George Beer name, the bills being made out, the licence paid in his name
&c.— his department in the brewery being to attend to the grain and
hops, the repairs of the premises, &c.; but they each drew equal
amounts
from the concern as they required them, as the book that was put in
proved. Since 1846 the son Alfred had been paid £2 a week, that being
the amount agreed to be given by the father and brother George:
sometimes the one paid him, sometimes he helped himself and entered it
in the book. The amount sought to he recovered (£2) was due on the 16th
of March last, it having been offered by Mr. George Beer as wages from
him alone as master, but refused by Alfred, on the ground that he did
not consider his brother his sole master, but his father and brother
conjointly, and that if he accepted the wages from his brother alone, it
would become an acknowledgment of George as sole master, with power to
dismiss him. Although a written agreement had not been entered into as
to the partnership between the father and son George, it appeared from
the letters put in, and the statement sworn to have been made by the
latter, that he had admitted that his father was his partner.
Mr. DeLasaux, on the part of the defendant George Beer, stated that he
did not intend to call witnesses, as he felt that was not the court at
which the real question at issue was to be decided. The question now was
whether the defendant's were jointly liable to the debt. Mr. William
Beer, having taken the benefits of the insolvency act in 1844, had
admitted that he was not entitled to any share of the business, and he
(Mr. DeLasaux) contended that nothing had transpired sent to enable Mr.
William beer to claim the moiety of the business. His client had tended
the amount in question, but it had been refused. The question they was
whether Mr. Sandys had made out a case sufficient to show that a
contract had taken place between the two defendants.
His Honour:- I suppose there has been no dividend paid under that
insolvency?
Mr. William Beer:- None, Your Honour.
His Honour, after remarking that this was doubtless a sort of rehearsal
of the evidence to be produced in the Court of Chancery, if the case
were proceeded with, said, he was quite satisfied, from the evidence
that had been adduced, that the defendants were jointly liable to the
debt, and he, therefore, decided in favour of the plaintiff. He,
however, strongly recommended the appointment of some disinterested
person, before whom all the papers and facts should be laid, in order to
arrive at a decision and avoid expense.
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Kentish Gazette, 10 September 1850.
On the annual licensing day (Thursday last) our city magistrates
suspended the following licenses:-
"Military Tavern," King Street;
"Eight
Bells," King Street;
"Duke of York," Riding Gate;
"Kentish Arms," Jewry
Lane;
"Eagle," Whitehorse Lane;
"Golden Cross," Northgate;
"Queen's
Head," Northgate;
"City of London," Tower Street;
"Duke's Head," Wincheap;
"True Briton," Northgate;
"Royal George," Northgate;
"Queen's
Arms," Northgate; and
"Three Grenadiers," Military Road.
150 licences
were granted, and 7 parties did not attend. The suspended, granted, and
remaining to be granted, will give a total of 135. The conduct of some
of the the police, especially inspector Spratt, met with commendation,
for his vigilance in causing the houses to be closed during divine
service on the Sabbath; while other parties were reprimanded; it being
the determination of the magistrates to carry the act of stringently.
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Kentish Gazette, 29 October 1850.
Dissolved of Partnership.
Notice is hereby given, that the partnership between the undersigned
William Beer and George Beer, of Canterbury, brewers and Maltsers, is
this day dissolved by mutual consent.
William Beer, George Beer. Witness, Thomas Marshall, Canterbury, 17th
October. 1850.
Beers Original Brewery.
William and Alfred James Beer and Co, brewers and Maltsers.
William Beer, in thanking his friends and the public generally for their
very liberal support cooffered on him for the last 6 years, begs
respectively to inform them that he has, in conjunction with his son,
Alfred James Beer, taken the above business, and trusts, by supplying
them with a genuine article, and by assiduity and attention, to merit
shares of their patronage.
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