Capt. Craig Wins.
Judgement in the case of Bentley vs Murphy has been given by the court of appeal. The action was to compel specific performance of an alleged agreement by defendants to sell and deliver to plaintiffs a steamer called the Island Queen, at Kingston, for $5,000, payable $2,500 on delivery and $2,500 six months from the date of delivery. The trial judge (Britton) held that specific performances should not be enforced unless plaintiffs were willing to do equity by giving a mortgage on the vessel for the unpaid purchase money. There was a finding for plaintiffs against both defendants upon the contract, and a reference was ordered as to damages. The plaintiffs appealed on the grounds that damages were not an adequate remedy and that the trial judge erred as to the mortgage for the unpaid purchase money. The defendant, Capt. T.J. Craig, appealed on the ground that he and Murphy were not partners, and Murphy had no authority to dispose of his (Craig's) shares in the vessel. Held by the majority of the court, that Murphy and Craig were not partners and Craig was not bound by Murphy's offer to plaintiffs, and did not ratify it, and the action must be dismissed as against Craig. The plaintiffs are entitled to recover against Murphy such damages as they may be able to show on a reference. The costs of reference will be at plaintiff's risk. If they do not accept a reference, they will have judgement against Murphy for the damages with costs on the high court scale.
Craig's wharf: steamer Niagara up.
Walsh's wharf: schooner Suffel from Oswego with hard coal.
Captain Roys has exchanged the steamer Rival for the Belle Ritchie.
Soward's wharf: Schooner Clara Youell from Oswego with hard coal.
Six vessel loads of hard coal have come to Kingston during the past two weeks, in all about 1,500 tons.
M.T. company wharf: tug Thomson from Oswego with one hard coal laden barge for Montreal, and cleared back with one light barge.
The damage to the schooner Katie Eccles, which was sunk at Lake Port, will not exceed $100. Repairs are now being made in Davis' dry dock.