Documents pertain to a case filed by motor car salesman (Jane) against motor car salesman (Heighton), farmer (McCarthy) and farmer (McCarthy) regarding a business conducted by the plaintiffs and defendants under a verbal agreement. The plaintiff claims that the defendants dissolved the business and he wishes to bear his share of the debts and obligations of the business. He wishes for the court to take the accounts and other documents of the business and wind it up, under the belief that the defendants have conducted some fraudulent activities while in business.
Documents include:
1. Warrant to sue
2. Writ of summons and statement of claim
3. Declaration of authority to defend
4. Statement of defence
5. Order for discovery
6. Affidavit of service for hearing
8. Order of discovery
9. Affidavit as to documents
10. Praecipe to seal subpoena on behalf of plaintiff addressed to: - Gordon Mackin of Patea Garage Proprietor, James R. Jones of Riverlea Farmer, Franzis Walshaw Hamel of Patea Solicitor
11. Praecipe to seal subpoena on behalf of plaintiff addressed to: - Francis Mortimer McCarthy of Otautu Farmer, William Gaston Walkley of Hawera Accountant, Stewart McMullan of Wanganui Taxi Driver
12. Affidavit as to documents
13. Praecipe to seal subpoena duces tecum on behalf of plaintiff addressed to: - Harry Brian Winfield of Hawera Bank Officer
14. Praecipe to seal subpoena duces tecum on behalf of plaintiff addressed to: - Olga Grazia Peters of Hawera Clerk and Thomas Edmund Roberts of Patea Solicitor
15. Memorandum of agreement between parties
16. Affidavit of E. J. Lane and statement of account of the affairs of the admitted partnership between plaintiff and defendant from 23rd March 1925 to 26th or 27th October 1926
17. Summons to attend for talking accounts
18. Application for appointment for taking accounts
19. Registrar's certificate as to taking of accounts
20. Affidavit of Cecil Wilfred Heighton and statement of account of the affairs of the admitted partnership between plaintiff and defendant from 23rd March 1925 to 26th October 1926
21. Praecipe
22. Registrar's certificate as to taking of accounts
23. Judgement
24. Writ of sale
25. Notice of motion for order authorising cross judgement to be set off
26. Affidavit in support of order authorising set off of cross judgement
27. Notice of motion to have order struck out
28. Affidavit by Ernest James Lane in opposition to order authorising set off to cross judgement
29. Notice of solicitor's lien for costs
30. Judgement of Smith J.
31. Statement by Ernest James Lane
Department
Archives
Production Date
1927-1928
Credit Line
See: Taranaki Scandals The Court Record Collection page for more details on the collection and other interesting cases. http://pukeariki.com/Heritage-Collections/Taranaki-Scandals 
Accession No
ARC2017-784

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