Munro Outridge & Co

1896-

Before 5 May 1896 WR Mogg, James Clark, PP Outridge SE & HB Munro trading as Mogg Outridge & Co

By action of the court partnership dissolved; assets bought by SE Munro and PP Outridge. After July 1896 trading as Munro Outridge & Co

SUPREME COURT. Friday, 23rd October. CIVIL JURISDICTION. Before Mr. Justice Cooper. Clark and Others v. Mogg. Mr. Woolcock {instructed by Messrs. Unmack and Fox) appeared for the petitioners; there was no appearance of the respondent. This was a petition to pay money out of court. The petitioners were James Clark, of Brisbane; Percival Pitman Outridge, of Brisbane, Edwin Munro, of Thursday Island, and Horace Bonar Munro, of Thursday Island. Prior to May, 1896, the petitioners, together with William Robert Mogg, defendant, were carrying on business as pearlers in partnership, under the style of Mogg, Outridge, and Co. On the 5th May the partnership was by a judgment of the court dissolved. It was ordered that the assets of the partnership should be sold by public auction. The plaintiffs and defendants were given leave to bid. The assets were sold on the 25th July, and with the exception of the book debts were purchased by the petitioners, P. P. Outridge and E. Munro for £3200. which sum was now in court to the credit of the action. At the date of the dissolution of the partnership the partners were interested in the following properties : Out of 3032 shares, Clark, Outridge, and E. Munro were each entitled to 733 shares; H. B. Munro to 100 shares; and Mogg to 733 shares. E. Munro was appointed receiver. The petitioners were now carrying on business as pearlers in partnership, under the style of Munro, Outridge, and Co. All the debts and liabilities of the late partnership had been paid, and there now stood to the credit of the receiver over £1000, which the petitioners were willing to allow to remain in court until the conclusion of the action. The petitioners prayed that the £3200 in Court might be paid out to them as follows :—£773 12s. 3½d. each to Clark, Outridge, and E. Munro, and £105 10s. 9½d. to H. B. Munro. Mr. Woolcock mentioned that the assets were bought back at the reserves fixed by the court. It was considered very desirable that the money in court should be paid out to the petitioners. All the debts of the old partnership had been paid. There was nothing owing by the estate, except to defendant Mogg, and all business had been completed, except the receipt of certain money for the sale of shell in England. The receiver estimated there would be another £400 to be paid into court. As authority for the petition, Mr. Woolcock quoted Daniels's Chancery Practice, vol. 2, p. 1775. His Honour said there was no question in his mind as to the propriety of doing what was asked. Mr. Woolcock applied for costs against the defendant, urging that the whole proceedings had been rendered necessary by the sudden departure of Mogg. The petitioners had been sufficiently demnified by having their business (which had been working profitably) upset. Amicable relations had also existed between the partners. His Honour made an order for the payment of the money out of court; accrued interest to follow principal; costs of the action to be paid by defendant Mogg, and charged against his share of the funds in court, as well as costs as between solicitor and client. The Brisbane Courier, Saturday 24 October 1896, page 3

SUPREME COURT 8 March 1897 Clarke and Others v. Mogg.
Mr. J. L. Woolcock (instructed by Messrs. Unmack and Fox), for the plaintiff ; there was no appearance on the part of the defendant. This was a motion for a declaration that of a sum of £2030 9s. 3d. now standing in court to the credit of this action should be disposed of as follows :- The plaintiffs, James Clark, P. P. Outridge, and Edwin Munro, £430 10s. 3½d. each ; the plaintiff, Horace B. Munro, £58 14s. 8½d.; and the defendant, William Robert Mogg, £1580 3s. 8d.; that the parties might be at liberty to apply for the payment of these sums out of court; that the plaintiffs were entitled to be paid out of the funds in court to the credit of the defendant, their costs of the action fixed as between solicitor and client; that Edwin Munro, the receiver and manager appointed in the action on the 8th May, 1896, should be discharged from his office, and for leave to apply. The action had arisen out of the defendant's failure to carry out the agreement made by him with the others, who were his partners. He undertook to take an active part in the management of the company's pearlshelling business, but in October, 1894, he left Queensland, and had not since returned. In consequence of his conduct, it was alleged the plaintiffs had been put to the costs of the present proceedings. His Honour expressed the opinion that the plaintiffs were entitled to costs on account of the defendant's misconduct, but he would not grant them as between solicitor and client. With that exception, he made an order in the terms of the motion.

Brisbane Courier 8 March 1897