Anthony Hewitson

Lancaster Gazette

Saturday May 28 1853

County Court - Saturday last

TAYLOR V. ANTHONY AND JOHN HEWITSON-

Claim £6 13

Mr Sharp appeared on behalf of Anthony Hewitson. The action was brought to recover the sum of £6 13. for carting stones to a building at Poulton and the only question was whether or not Anthony Hewitson was a party in making the contract. Both the defendants are stone masons, but carrying on business each on his own account. John Hewitson contracted with Mr. Elsdon for the building of a house at Poulton. The plaintiff had only seen Anthony Hewitson once, and Anthony then asked him at what price he would cart stones by the ton, He said 4d. and Anthony then said, he (the plaintiff) must see his brother John. He did so and agreed at that price. The plaintiff had never seen Anthony since, never received any money from him, but had always applied to and received money from John before this proceeding. Mr Sharp submitted that the mere asking the price, and referring to his brother, could not make Anthony a partner. He called Anthony Hewitson who denied that any partnership existed between himself and his brother, who had taken the building entirely on his own account, and an agreement had been entered into between them, that he (Anthony) should not in any way interfere with him. Had given a guarantee for the due performance of the work, but had nothing further to do with it.- His Honor was of opinion that Anthony was liable, having made part of the contract. - Mr. Sharp asked for an adjournment of the case to produce Mr. Elsdon - His Honor said that would not alter his opinion. He could not say that there was a partnership, but there appeared a direct understanding and Anthony having been a party to making the contract must pay. Judgment for the plaintiff.

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