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WELLAND HIGH COURT
Imperial Bank vs. Heslop-Davy v. Foley-Rieger
[Welland Tribune, 8 December 1910]
The special session of the High Court opened in Welland at 1 o’clock Tuesday afternoon, before Judge Britton, the first case heard being that of the Imperial Bank vs. Heslop Bros.
This case took about three hours, the lawyers summing up their cases at four o’clock. Harcourt and Cowper of Welland represented the plaintiff, (Mr. Cowper acting), and John Carruthers of Tillsonburg was for the defendants.
The witnesses included the defendant George Heslop of Langton, who disclaimed having any connection whatever with the business of Heslop Brothers.
The amount involved was $1,667.70.
Judgment was given on Wednesday afternoon, the action being dismissed with costs, the court finding that George Heslop was absolutely free from any liability, he having quit the partnership of Heslop Bros. prior to the date of the bank’s claim.
DAVY VS. FOLEY-RIEGER
A second case was added to the docket and was heard immediately after the close of the bank case. It was a case of Davy vs. Foley-Rieger, for the issuing of an injunction and unstated damages.
The case is in connection with the obtaining of power by water from the old Welland canal at Thorold, the power at the plaintiff’s pulp mill being lessened, it is claimed, because of an arrangement that gave an increasing flow of water at the defendant’s mills, the two mills being close together.
Mr. German of German & Morwood represented the defendants, and Mr. Cowan, of Beatty, Blackstock, Fasken, Cowan & Chadwick, of Toronto, the plaintiff.
The hearing was continued on Wednesday morning, several witnesses being sworn for both sides.
Judgment was reserved, the hearing being completed at 1.20, after able addresses by counsel.
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