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Choak vs. Roberts

Judgment.

-Plaintiff is claiming money payable to him by the Defendant for money lent by the Plaintiff to the Defendant and for money paid by the Plaintiff for the Defendant at his request, and the Plaintiff claims $100. On the other hand, the Defendant claims that he is not indebted to the Plaintiff, but that the Plaintiff is indebted to him for an amount equal to the Plaintiff's claim plus interest.

Civil Cases

Subseries consists of court documents relating to civil cases in British Columbia between 1864 and 1903. The cases comprise a variety of document types, including: judge’s orders; affidavits; writs of summons; correspondence; bills of costs; jury lists; judgments; notices; statements of account; motions; bonds; speakers’ certificates; indentures; agreements; receipts of sale; complaints; notices of intention; mortgages; requests; wills; and subpoenas. As a whole, they are indicative of the development of civil and criminal law in the region at the time, closely reflecting British standards and precedence. Differences did develop, however, as circumstances required.

It is important to note that the time period represented in these cases includes years before and after the colonies were converged on August 6th, 1866. Before the unification, the Colony of Vancouver Island and the Colony of British Columbia were separate entities in which civil suits at the local level were a vital part of the decentralized colonial government. Initially, the mainland was governed from New Westminster, but once they were merged into the new Colony of British Columbia, governance took place in Victoria on Vancouver Island.

Clay v. Marston and Marston

File consists of 1 document: Exhibit "A" - Night Message Direct Wire (Telegram). Defendants were travelling as passengers on the steamer "Umatilla". The wire explains that a writ has been issued by the Plaintiff against the Defendants and they are to be attended to at the arrival of the steamer and serviced with this telegram.

Cohen vs. the Phoenix Fire Assurance Company

(2) Notice; (3) Correspondences; (3) Affidavit of T.C. Nuttall; Costs; (3) Order; Affidavit of W.M. Ehner; Costs of Defendant; Summons; Affidavit of W. Wilson; Bill of Costs; Bills of Costs taxed under reference.

-Cohen had a fire at this business for which he was insured and covered by the Phoenix Fire Assurance Company. The two aprties appear to be disputing over their costs and extent of coverage.

Cohn v. Pheonix Assurance Company

File consists of two documents: Costs of Judgment; Judgment regarding an insurance policy made by the Defendants after setting forth that the Plaintiff had paid $60 to the Company for insurance from loss or damage by fire to the amount of $3,000 which they were not intending to honor when the Plaintiffs property suffered water damage.

Cooper v. Gardiner

File consists of 1 document: Affidavit of H.B. Ella and J. Cooper. Plaintiff was a member of the Pilot Board of British Columbia. Defendant Gardiner has accused him of accepting bribes as a member of the said board in order to "induce him" to prevent persons from being licensed as pilots. Plaintiff is claiming $10,000 for damage of character. The Defendant is about to leave B.C. and Plaintiff asks that he be apprehended.

Couch to Austin

File consists of three documents: Deed of Assignment; Affidavit of Austin; Affidavit of Couch. Couch executed an assignment to Austin as Trustee of all of his estate and its effects. Austin was also nominated a Trustee on behalf of the majority of the creditors of Couch. However, Couch would like to leave the colony and many of his accounts are unclear. Austin asks that he does not leave until matters are settled

Coxan v. Elmore

File consists of three documents: Writ of Summons; Affidavit of Service; and Praecipe for Writ of Summons. Plaintiff claims $8,100 for debt and $50 for costs as the amount due on an unpaid promissory note.

Culverwell v. Bond

File consists of four documents: writ of summons; affidavit of service; bill of costs; and judgment by default. Case regards the Plaintiff's claim of $25.19 owed to him as payee on an unpaid promissory note.

Culverwell v. Fitzpatrick

File consists of nine documents: correspondence; affidavit of Culverwell; writ; affidavit of service; bill of costs; notice to attend; affidavit of R. Bishop; statement of account; and judgment by default. Case regards the Plaintiff's claim that $250 is owed to him as payee on a promissory note.

Culverwell v. Holbrook

File consists of fourteen documents: particulars of demand; correspondence; summons; affidavit of H.B. Aickman; issue; appointment to examine; witnesses oath; commissioners oath; record; claim; affidavit of R. Bishop; and affidavit of J.M. McCreight. Case regards the Defendant's entitlement to be paid a certain debt due to him from the B.C. Royal Mail Stage Company Ltd. The Defendant falsely presented to the Plaintiff that the said debt amounted to $702.58 and fraudulently induced the Plaintiff into an agreement in which he paid the Defendant $702.58 when, in reality, the Company owed the Defendant $348.13. The Plaintiff is claiming damages of $500.

Culverwell v. Miller

File consists of four documents: Writ of Summons; Affidavit of Service; Judgment by Default; Bill of Costs. Plaintiff claims $161.65 principal and interest due to him as payee on a promissory note

Culverwell v. Monaghan

File consists of six documents: judgment by default; bill of costs; writ; affidavit of service; appearance; and order to hold to bail. Case regards the Plaintiff's claim of $1,310.26 for debt and $17.50 for costs.

Culverwell v. Monaghan; the Culverwell Bankruptcy

File consists of seven documents: Affidavit of W. Culverweli; Submission and Affidavit of Execution thereof; Affidavit of the Execution of the Award; Affidavit of Appointment of Umpire and Enlargement of Time; Affidavit of Drake; Bill of Costs; and Exhibit A. Culverwell is suing Monaghan over certain differences and disputes that have arisen between the said parties with
respect to a contract made between them for the supply and delivery of 500 cords of wood. Mr. Culverwell has
previously declared bankruptcy.

Culverwell v. Warner

File consists of six documents: affidavit of W. Culverwell; order substitution of service; writ of summons; affidavit of service; judgment by default; and bill of costs. Case regards the Plaintiff's claim of $47.25 principal due to him as payee on a promissory note with the Defendant.

Culverwell, Brooks & Co. v. Moss

File consists of 4 documents: Affidavit of J. Cox; Notice of Application for Payment Out; Affidavit of G. Potts; Affidavit of A. Belyea. Regarding the estate of M. Moss, deceased, and the monies that he owed to various parties. The case involved the schooner "Venture" and the schooner "Penelope", which appear to have belonged to the Defendant. The Plaintiffs had recovered a judgement against the Defendant for $12,305.63 and $101.90 for costs which remains unpaid.

Cusheon v. Thomas (3); Victoria; 1860.13

No. of Plaint – 336

Summons; Invoice for £1.15.11; Judgment Confessed

  • Thomas is summoned to appear in court to answer the Plaintiff for the total amount of £1.18.7. The amount is due on a promissory note from Thomas to Cusheon for the sum of $15 for value received.

Davies et al v. Patullo

File consists of one document: answers to interrogatories. Case regarding stock in the Leathers Patent Stone Association, Defendant to invest money in the above named company, broke his agreement which had been made without condition for $5,000 worth of stock.

Deas v. Deas

File consists of three documents: (2) Affidavit of Service; Judgment Roll; Bill of Costs. Plaintiff claims $3,000 for past wages due to him from the Defendant as hired servant and money due on accounts stated between them

Defries v. Thompson

File consists of four documents: Order to Hold to Bail; Affidavit of Defries; Consent to the Evidence; Depositions Taken by Consent. Plaintiff at liberty to hold the Defendant to bail for $300 for "wearing apparel", delivered and sold to the Defendant at this request. The Defendant is about to quit Vancouver Island and the Plaintiff asks that he be apprehended.

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