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John Keenlyside Legal Research Collection File
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Gray/Kamm correspondence

Regarding the courtship of B.C. missionary William Gray’s daughter Caroline and Jacob Kamm of Portland, Oregon. Kamm was a steamship builder and owner of “George S. Wright.” Includes 11 letters.

Rowland v. Begin

File contains: Writ of Summons; Motion of Defendant; Affidavit of Defendant. Begin was arrested and held to bail in the above titled cause as a result of an Affidavit of Mr. W. Atkinson which stated that he believed that the Defendant was about to quit the colony. Begin denies all such allegations and the Defendant asks that he be discharged from arrest in this cause.

Kerr v. Harris

File contains: Answer to Complaint. Harris takes defense to the action of C. Kerr and denies that he is indebted to the Plaintiff for $4,050. He further states that the said cattle in the argument mentioned, the subject matter, was falsely and fraudulently represented to him at the time of the said pretended sale and were almost valueless for any reason, and the Defendant claims that he has been damaged to the amount of 500 pounds sterling by the Plaintiff.

Eyck and Nelson v. Godwin and Others

File contains: Affidavit of J.D. Potter; Deposition of H.B. Morse; Notice of Trial; and Abstract. Plaintiffs are suing for 1,000 pounds from the Defendants on the amount of damage sustained by the Plaintiffs by reason of the Defendants unlawfully, with force and arms, breaking into and entering the home of the Plaintiffs.

McDonald v. Franklin

File contains: Answers; Petition to Take Testimony. The defendant signed a contract from which it appeared that he had agreed to purchase lots #600 and #601 for an amount of money. The two parties became involved in a dispute over the actual amount.

Putnam v. Cumming

File contains: Affidavit of M.W. Drake; Order of Court for Writ of Injunction. Both the Plaintiff and the Defendant are out of the jurisdiction of the court and the statements outlined in the Bill of Complaint have not been verified by any Affidavit of the Plaintiff, nor does it state in the said bill that the Defendant is liable for any debt.

Pennell and Others v. Billings and Others

File contains: Order; Order of Judge to Ascertain Damages; (2) bill of Costs of the Plaintiff; Certificate of No Defense filed; Summons; Affidavit of Drake; Registrars Certificate of Amount for Final Judgment; and Affidavit of Service. The Plaintiffs complain that the Defendants are indebted to them for 1280 pounds, 13 shillings and 8 pence for money payable by the Defendants converted to their own use and wrongfully deprived the Plaintiff of the use and possession of one of the Plaintiffs' goods, being 301 casks of flour, 50 sacks of barley, and 10 cases of sherry.

Johnstone v. Miller and Wood

File contains: Affidavit of F. Despard; Summons; Order; and (22) Affidavit of Defendant Miller. Miller was arrested under the Writ of Caprias issued in this action. The Defendant offered and produced a Bill of Sale of all the effects of himself and his partner but the Defendant refuses to accept and sign the document.

Einstein et al v. Brady et al

File contains: Judgment; Bill of Costs; Affidavit of No Appearance; Writ of Summons; and Affidavit of Service. The Plaintiffs claim $2,335.91 for debt and $25 for costs on an unpaid account for goods sold and delivered.

Hamley v. Edgar

File contains: Affidavit of W. Hamley; Deposition of E. Hall; and a Writ. Case is regarding the transport and payment and duty on certain spirits that were going up North to be traded with the Indians.

Myers v. Nathan and Others

File contains: Articles of Agreement; Draft; Testimony of J. Ehrenbecker; Affidavit of W.M. Drake; Order to Sue; (2) Affidavit of E. Myers; Order; Summons; Agreement; Record; and Rejoinder. This action is brought to recover the sum of 500 pounds as damages for an alleged trespass committed by the above named Defendants. The Plaintiff was saloon keeper of "Myers Melodeon" on Yates Street in Victoria. The Defendants created a great disturbance there, removed the goods and chattels of the Plaintiff for their own use, and assaulted and beat the Plaintiff and expelled him and his family from the premises.

Dougal et al v. Selleck

File contains: Summons; Record; Affidavit of Defendant for substitution of Attorney; Summons for Particulars of Plaintiff's demand; and Summons to Change Attorney. The Plaintiffs, at the request of the Defendants, were to manufacture and make for the Defendant certain machinery goods (hammer, plates, bolts, screws and nuts) which the Defendant would then pay for when they were complete. When they were finished and delivered, the Defendants refused to pay them for their labours and the Plaintiff claims 100 pounds on unpaid against stated between themselves and the Defendant.

Hudson's Bay Company v. Bayler

File contains: Order for Caprias; Affidavit of J.M. Wark; Affidavit of M.W. Drake. The Defendant is indebted to the Plaintiffs for $131.51 for goods sold and delivered by the Plaintiffs to the Defendant at his request. Plaintiffs are concerned that the Defendant is about to leave the colony and asks that he be apprehended.

Regina vs. Ah Ho

Indictment for Larceny from a dwelling house at granite Creek/

-Ah Ho is charged with breaking and entering the house of Bruneth and Sebanno and then stealing various possession of platinum and gold from them. Verdict, not guilty.

Mallandaime vs Ash

Summons; Affidavit of J. Ash

-Regarding the payment of a road tax of $63 levied on the Defendant. Ash was not satisfied with the said order telling him to pay the tax and intended to appeal it before the Supreme Court. There is some confusion over the amount of time that he had to enter his appeal.

Rodello vs. Chantrell

Declaration with Particulars of Demand; Affidavit of Service of Notice of Declaration; Affidavit of B. Griffin; (2) Affidavit of J. Rodello.

-Plaintiff is suing over an overdue promissory note due to him by the Defendant for $136 plus interest.

Barnard vs Beedy

Affidavit of F.J. Barnard in support of Caprias; Praecipe for Writ of Attachment.

-Plaintiff claims that the Defendant is justly and truly indebted to him for $3,972.11, that being the amount certified due to him by the Registrar of the Supreme Court as the amount owed on unpaid accounts. The Defendant has not paid the Plaintiff the amount certified to be due and he has since left the province.

Needham vs Brown

Writ of Summons; Affidavit of Service; Judgment by Default; Affidavit of W. Drake; Plaintiff's Costs.

-The Plaintiff claims $830.76 for debt and $12.50 for costs for an amount of rent due in respect of Saanich Hall farm as well as interest on arrears of rent.

Murphy vs. Katz

Bond; (2) Writ of Summons; Correspondence on case; Affidavit of T. Davie; Affidavit of T.G. Murphy; Affidavit of Katz; Defendant's Costs of Suit; Issue; Judges order

The Plaintiff claims $250 for debt and $15 for costs for services performed by him as an Attorney at Law and Solicitor on behalf of the Defendant at Washington territory in the United States and for work done for the Defendant at his request.

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.

Johns vs. Major et al; Major et al vs. Johns

Affidavit of F.W. Pafford; Power of Attorney; Affidavit of Johns for Leave to Defend.

-L.Johns was an agent of J. Cunningham and carried on the business affairs of Cunningham as his attorney. Major and others claims $181.19 principal and interest due to them as payee on two promissory notes signed by Johns on behalf of Cunningham. Johns claims he never accepted the bills, and defends that this signature on the bills is merely to show that he endorsed the same with the name of James Cunningham.

Stromach vs. Prevost at al

Writ of Summons; Notice; Appeal from the County Court of British Columbia.

-The Defendants are charged with stealing the goods and chattels of the Plaintiff and disposing of them for their own use. The Plaintiff claims on account thereof $100.

Mason vs. Bate

(2) Affidavit of N. Shakespeare; (2) Affidavit of A.C. Elliot; Affidavit of M. bate; Affidavit of R. Plummer; Cross-examination of A.C. Elliot; Cross-Examination of R. Plummer; Affidavit of H.S. Mason; (2) Affidavit of R. Plummer; Affidavit of F.W. Egerton; Affidavit of H.F. Heisterman; Affidavit of W.G. Burroughs; Affidavit of W. Jackson; Summons for Time to Answer.

-Mason is the administrator of the estate of W. Rippon. the case deals with the overall settlement of the estate with the creditors and debtors and the various disputes that have arisen over the sale of a certain piece of property.

McWha vs. Baker

Summons; Judgment; Bill of Costs; Summons; Affidavit of A. McWha.

-Plaintiff had acquired a previous Order against the Defendant for $169.68 for which he never received any payment. The Defendant has made an application stating that he has satisfied the Plaintiff's demand which the Plaintiff claims is wholly untrue.

Stewart and Braden vs. Kelly and Taylor

Evidence of John Stewart.

-Stewart and Braden were a plumbing firm involved in the labor of St. Joseph's Hospital. Kelly and Taylor had done some work for the firm but there was dispute over their account and the hours that they were claiming and the Plaintiff's record of their hours.

Wilson vs. Humphreys

Summons; Affidavit of Plaintiff; Costs; Examination of Humphreys; Order; Writ of Summons; Affidavit of Service; Judgement by Default.

-The plaintiff had recovered a judgment against the Defendant for $105.50 due on an unpaid promissory note and the costs of the suit. The said judgment remains unsatisfied.

Bell vs. Holbrook

Receipt for $346 - Exhibit "G"; Evidence of H.V. Edmonds.

-Receipt of money from H. Holbrook for which was realized by sale of lots for payment of municipal taxes. Evidence is also regarding the taxes owed and assessed.

Regarding Dietz

Affidavit of E. Johnson.

-E Johnson is the attorney for G.Dietz. Mr. George askew has applied to E. Johnson for a loan of $3500 upon a mortgage. Johnson believes that the proposed loan, to be advanced out of the moneys of G. Dietz, would be a safe and advantageous investment for him.

Mackenzie vs. The Corporation of Victoria

Summons; Exhibit "A"; Authority to Receive Money out of Court; Notice Record.

-The corporation's water works department laid water pipes on the Plaintiff's lands which then flooded his lands and permeated them with water, greatly depreciating his property value. The case was taken to arbitration and the Plaintiff was awarded $475 for damages or at the Defendant's expense, the draining and repairing of his property. The Defendants have not responded to the satisfaction of the Plaintiff. The Plaintiff claims $1,500 for damages.

Marvin v. Colker and Snow

File consists of two documents: an order to hold bail and an affidavit of debt, both in regard to the Plaintiff's liberty to hold Defendants to bail for $1,242.66, the amount of an unpaid account with Merchant Marvin for goods sold and delivered.

McCutchan and Collingham v. Burns

File consists of two documents: order to hold to bail; and affidavit to hold to bail. Case regards the Plaintiff's liberty to hold the Defendant to bail for $542.22 for monies owed to him for goods sold and delivered. Additionally, the Plaintiff wants the Defendant apprehended before he leaves Victoria for San Francisco.

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.

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