Bury and Norwich Post 3 Feb 1874: Richard Toller to pay legal expenses following dispute with Francis Parsons
Important Case. — Payment of Professional Witnesses.COURT OF EXCHEQUER, WESTMINSTER HALL, January 26..
(Before Mr. Baron POLLOCK).
NEWSON AND STANLEY v. TOLLER..
This was an action brought by Messrs. Newson and Stanley, of Bury St. Edmund’s and Walbrook, London, against Richard Pancourt Swannell Toller, farmer, of Waterbeach, Cambs., to recover £30 15s. 6d. For the attendance of Mr. Stanley to give evidence in a cause Toller v. Parsons, tried at Westminster, in December, 1872. — Mr. Mereweather (instructed by Mr. W.S. Walpole) appeared for the plaintiff, and Mr. Thompson (instructed by Messrs. Green, Mellor, and Son, of Huntingdon) for the defendant. .
Mr. Mereweather said this was an action brought by the plaintiffs, who were well-known auctioneers and land agents, carrying on an extensive business at Bury St. Edmund’s and in London, against the defendant, who was a large farmer at Waterbeach, to recover the sum of £30 15s. 6d., being one guinea charged for an opinion, and £29 14s. 6d. for attending at Westminster Hall on the 5th, 6th, and 7th of December, 1872, for proceeding to London on the 8th and giving evidence at Westminster on the 9th in a trial Toller v. Parsons, and for travelling and hotel expenses. To this claim the defendant had pleaded a tender of £12 12s., being the taxed costs in the above action, which he paid into Court, denying his liability for the remainder. The learned counsel went on to state that in the year 1872 the present defendant brought an action against Mr. Parsons for the amount of an umpire’s award in relation to a valuation on a farm at Trumpington, near Cambridge , which award Mr. Parsons disputed; and in this action Messrs Green and Co. were the attorneys for Mr. Toller, and Messrs. Wisbey and Son, estate agents, of Cambridge, were the valuers and agents acting for defendant in such valuation. The first intimation Messrs. Newton and Stanley had with reference to this action was a letter from Messrs. Wisbey and Son, dated July 2, 1872, informing them of the unpleasantness then existing between Mr. Toller and Mr. Parsons, and asking for an opinion as to whether the matter had been referred to the umpire in the usual way. Mr. Stanley replied, sending his opinion, and several months afterwards he met Mr. Mellor in the presence of Mr. Toller, and was requested to give evidence on his behalf. .
etc. etc..
Found for the plaintiff.