From the Deal, Walmer, and Sandwich Mercury,
13 may, 1871. 1d.
KINGSFORD v COLE
This was an action to recover £24 15s. for balance of beer account,
supplied to defendant and her brother, Mr. George Cole, when carrying on
business at the "Prince Alfred," public-house, at the North End, by
plaintiff, a brewer of Dover.
Mr. P. B. Claris, of Dover, appeared for plaintiff, and Mr. F. J.
Mercer, for defendant.
The plaintiff was examined by Mr. Claris, and on cross-examination by
Mr. Mercer, said that he commenced to serve Miss Cole on the 10th
January, 1870 that when the house was first taken it was conjointly by
brother and sister. He admitted having supplied the goods to Mr. George
Cole at first.
Mr. Claris: The defendant promised to pay the whole amount.
Mr. Mercer: A verbal promise to pay the debt of another is not
sufficient to satisfy the Statute of Frauds. Such a promise, to be
binding, must be in writing, and in this case there is no evidence of a
His Honour said this was so.
Mr. Claris attempted to show that a constructive partnership had
Mr. Mercer denied that Miss Cole was ever in partnership with her
brother, and said she would call her as a witness to prove it. Up to the
10th of January, 1870, the license stood in the name of Mr. George Cole
and the entries in the brewer's book up to that date were also in his
name alone. Mr. Mercer produced the brewer's book in proof of these
facts, and showed that at the time of the transfer to Miss Cole there
was a balance due to the plaintiff on Mr. George Cole's account, with
which he had nothing to do, and that she had paid for all beer delivered
to her since the business had been transferred, viz., from January 10th,
1870. He therefore submitted that his Honour would, under the
circumstances, find a verdict for the defendant.
Miss Cole was then sworn, and deposed to the facts above stated.
His Honour said that there was in his opinion no evidence of
partnership, nor was there a sufficient promise on the part of Miss Cole
to satisfy the Statute, and he should therefore give verdict for
Mr. Mercer applied for costs, which his Honour allowed.