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County Court Facer v Marriott - 1918

Loughborough Herald - 12th September 1918

A Composite Claim.

At Loughborough County Court, on Tuesday, Facer Bros., carters etc of Quorn, sued John Marriott, carter, Quorn, for 2 12s 6d., made up of various amounts for the hire of horses, dray and plough, and a loan.

John Facer said he gave defendant a job, and allowed him the use of a horse and dray to remove his furniture, which he was to have free if he stayed in the place a year, or to pay 15s otherwise. He was given notice after five months. No arrangement was made as to 2s 6d charged for the use of a pony and dray. There was also 15s for the hire of two horses and a plough with which defendant ploughed his own and another allotment. A loan of 1 was also made to defendant when he was ill.

Mr Lancaster, for the defence, said the claim was purely fictitious. The removal of the furniture was a condition of the contract of engagement. Defendant met with an accident, and when he asked plaintiffs what they would afford him, he was given 1, and there was no question of loan.

His Honour considered that the removal of the furniture was an inducement to defendant to enter plaintiffs' service, and he disallowed that claim, as also the 2s 6d for the pony and cart. There was so much mystery about the alleged loan that he could not hold plaintiffs had proved that part of the claim, and he gave judgement for plaintiffs for 10s for the hire of the horses and plough.

 Submitted on: 2011-01-05
 Submitted by: Kathryn Paterson
 Artefact ID: 1129
 Print: View artefact in printer-friendly page

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