Robert TROTTER [10507] ^{8120,8121,8128,8137,8259}

  General Notes:

The Colac Herald (Vic. : 1875 - 1918) Tue 10 Feb 1885 Page 2 COLAC COUNTY COURT.
COLAC COUNTY. COURT.
MONDAY, 9TH FEBRUARY, 1885.
(Before His Honor Judge Nolan).
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DEFENDED CASES.
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Joseph Trotter v. Robert Trotter.
Money had and received, £250. Mr. Hancock for plaintiff; Mr. Skinner, instructed by Mr. Whyte, for defendant.
In opening the case, Mr. Hancock said that in order to bring the action within the jurisdiction of the Court the amount was reduced from £960 to £250.
Mr. Skinner submitted that the Court had no jurisdiction to try the case, although the amount sued for did not exceed £250.
The plaintiff states that the total amount to claim was £960, thus giving the defendant credit for £710. That he could not do, only by abandonment of excess, and it was not shown that such had been agreed upon by the parties to the suit. As far as he understood the case, the sum of £110 was owing by the plaintiff to Messrs.
Jellie and St. Quintin, of Warrnambool, and a mortgage of £400 to the Colonial Bank. Messrs Jellie and St. Quintin were about to sue for their money, and the Bank was also anxious about the amount of their mortgage. The plaintiff then proposed to the defendant, who is his son, that he should pay the bill and bank mortgage, and take the land then held by him. This offer was accepted by the defendant, who paid Messrs. Jellie and St. Quintin £111 13s. 4d and the Bank the amount of its mortgage, namely, £400.

That was the transactions between the parties. His Honor asked if the defendant admitted having received the sum of £960 from the sale of the land owned by the plaintiff. It appeared to him a pity that the case should have come into Court at all.

Mr. Hancock said that it was a pity such a case should have come into Court, but as far as the plaintiff was concerned there was no help for it. The plaintiff not having received any of the proceeds from the sale of the property was without funds and actually without means of sustenance. Such an agreement as mentioned for the
defence was never made, and if it were made it would not be valid, unless it were in writing.

Joseph Trotter deposed that the balance of money due to him after paying the bank mortgage and Jellle and St, Quintin's bill was L500. The area of his laid was 160 acres, and it realised L6 per acre. His son (the defendant) sold it to Mr. C. B. Fisher and received the money. Part of it went towards paying off the mortgage due upon
it, and the balance, L500, was paid over to the defendant through the Colac branch of the Colonial Bank by Mr. Peebles, manager of the Camperdown branch. Witness agreed to give defendant the land if he would pay his debts and support him.

Defendant did not give him any support. Mr. Skinner did not cross-examine witness, but stated that his instructions were that the defendant was supporting his father, and had done so for the last five years. His Honor remarked that the old people were not dead yet, and the support should be continued.

Mr. Skinner replied that up to the 24th December the defendant had paid to his father in cash and provisions an amount equal to L900.

His Honor asked why be did not continue to do so, in accordance with the terms of agreement. There was a moral and legal obligation on the part of the son to support his aged parents and fulfil his promise. He was at a loss to understand what was between the parties, as the plaintiff was willing to accept anything in reason, while the defendant professed his willingness to supply him with necessaries.

Mr. Hancock remarked that his client would accept 15s. per week and keep themselves. The defendant said he could not afford to pIay that amount, nor even 10s. per week. His Honor said the defendant should remember his parents were under no obligation to him by asking an allowance of 15s. per week. They were only asking what they were justly entitled to. If the defendant was not prepared to pay the amount named, what proposal was he prepared to make for their support.

Mary Trotter, wife of last witness, stated that the sum of L960 was realised for the sale of the land. The land was sold to Mr. Fisher, and the price was, so her son informed her, L6 per acre. The balance of the purchase money, after paying the debt upon it, was handed over by Mr. Peebles, manager of the Colonial Bank at Camperdown, to the branch at Colac. Her son admitted having received the money, but he declared his intention of turning insolvent before he would give her a shilling of the money he got from them. She was eleven months in his house doing house work ; her husband also lived in the house, Afterwards he built a house at the slaughter-yards, and they lived there until Christmas last, when a dispute arose between them about the rations, and he then refused to give them anything. That was the third time he left them without food. Very recently he promised to support them again, but he did not do so.

Mr. Skinner submitted that there was no evidence that they had received the money in question. His Honor held that there was, and defendant, when asked about it, threatened to turn insolvent.
Mr. Skinner - The money was received from the bank.
His Honor. - Yes, but the bank did not advance the money on its own account.
Robert Trotter, the defendant, stated that at the latter end of August, 1870, his
father came to him, and said that he was in great trouble; that his son had put
him out of his home by mortgaging the deeds of his land to the Colonial Bank at
Camperdown for L400, and endorsed a bill to Jellie and St. Quintin, Warrnambool,
for L110, and that the latter had taken out a writ against him for the amount.

Plaintiff then came to witness and said, "There's the place, see what you can do with it; I can do nothing with it." Replied that he would see about it. Ascertained that the amounts named were due. He took the place, and settled with the bank and Jellie and St. Quintin. Witness supported the plaintiff and his mother from 26th September, 1879, until 24th December, 1884. Would have continued the support had they not refused it.

To His Honor-Would not support his parents now, as they had dragged him into the Court. Cross-examined-They had refused provisions, including sugar, tea, bread, &c. To prevent the case being brought against him by his mother for assault, he consented to supply them with provisions. This concluded the evidence, and Mr. Skinner asked for a verdict for defendant, as the case was practically one of breach of contract. He could have put in a set-off of L140 for improvements placed on the land, which caused it to realise as much as it did, but relying upon this point he did not raise it before.

Mr. Hancock said that he was prepared to accept any set-off. They wanted a home and the means of subsistence without further delay, as they would have at any time to leave their present dwelling. His Honor said that the proposal was fair enough. The aged parents of the defendant naturally looked to him for support after they had surrendered their all to him. If the defendant talked about a set-off, the defendant could demand interest on the money thus retained for a period of over five years. He, therefore, thought if they went past their present figures, the case would have to be postponed and accounts filed. He suggested that the case stand over for adjustment, and that both parties in the meantime should come together and arrange the terms of settlement. It was evident to him that the defendant under the circumstances should contribute to the support of his parents, by the payment of a sum weekly, say 15s., and in the event of him consenting to do that he would postpone the case until next Court day, with the view of a private settlement being effected.

Mr. Whyte said that he had interviewed his client during luncheon hour on the matter of making a weekly allowance to his parents, but he was unsuccessful in his efforts.
His Honor said the conduct of the defendant was indeed unseemly in a Court of Justice, and he regretted to see his feeling towards the old people who were almost on the brink of the grave, Mr. Skinner recommended that accounts between the parties be taken by the Registrar, His Honor-But how are the defendant's parents to be supported in the meantime.

If the defendant was not prepared to make an offer for their support he would be compelled to give a verdict for the amount claimed. Mr. Whyte asked the defendant if he would make any offer, but was answered in the negative. Mr. Whyte remarked that if a verdict for the full amount was given it would probably force the defendant into the Insolvent Court.

His Honor gave a verdict for the full amount claimed, namely L250. He said the claim was a just one, and he could not help it, whether the defendant was forced into the Insolvent Court or not. He had received money belonging to his parents, and kept it in his pocket, although they were sadly in need of it. He could not but express his opinion that throughout the case the defendant had acted in a pigheaded and headstrong manner towards his poor aged father and mother, and he ought to come forward now and make some arrangement with them, as they were willing to agree to almost anything, in order to prevent further and more extreme measures being taken against him. Costs, L5 5s.

Henry Wilson v. Robert Trotter.
Damages, £8. Mr. Hancock for plaintiff
Mr. Skinner, instructed by Mr. Whyte, for defendant, The plaintiff put in an agreement of tenancy dated 15th September, 1884, between himself and the defendant. The agreement terminated on the 15th December. The land and house were worth 15s. a week. The area of the land is about 64 acres. He was in occupation, after the expiration of the agreement, 5 weeks. Defendant also removed a copper which was set in brickwork. The fence was also broken down. Mary Trotter stated that the boiler referred to was built in brickwork. The defendant's wife and sons took it away. The brickwork was pulled down. The door was broken by defendant. The fence was pulled down by defendant to remove the things although the gate was not locked.

The defendant stated that he owned the property in question about five years. The boiler he bought in Geelong; it was not a fixture. There was no damage to the brickwork. He moved the boiler the day before the court. The door always had a crack in it, His father threw a brick at him, but it missed and hit the door. The fence is old and rotten.

John Pell, bricklayer, stated that he built the bricks round the copper four and a half years ago. The brickwork was only damaged by wear and tear. James Slater stated that knew the fence enclosing the property. It is now in the same condition as it was six months ago.

His Honor considered the boiler a fixture, and it should not have been removed. He would allow £1 damages for that. For the fence it cost '10s. to repair it, and that amount he would allow the plaintiff. For injury to the door he would allow 10s.; for grazing of stock he would give 15s. Verdict for plaintiff, £2 1s.; costs, £3 7s. 6d.

The Colac Herald (Vic. : 1875 - 1918) Tue 18 Aug 1885 Page 3 NEW INSOLVENTS.
NEW INSOLVENTS.
The insolvency schedules of the following persons were filed with the chief clerk,
Mr. Lloyd, yesterday:
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Robert Trotter, formerly a butcher, but now out of employment--Liabilities, £632 s 3d; assets (debts due to insolvent) £2 sCd; deficiency £6.30 Is 9d. Causes of insolvency-Being unable to pay certain calls when due on shares in Geelong building Society and for which his property at Elliminyt was sold by the said Society; losses through bad debts; compulsory sale by one of his creditiors of furniture and effects; and adverse judgement in the Colac County Court in February last. The list of debts due to unsecured creditors is as follows:--Joseph
Trotter, judgment in County Court, 4255 5s; Geo. Woods, Elliminyt, money lent and stock, £112; John Baker, Larpent, stock, £15; A. J. Grimslhaw, Bushfield, butcher, promisory note, £13 Us (Gd; T. N. W'hyte, solicitor, .£1; 3s 3d; George Clifford, Larpent, stock, £8 10s; Henry Wilson, Colac, blacksmith, £6 2s Gd; Short and Walters, drapers, Gcelong, £1 12s; J. Jolnstone, saddler, £1 10s.

The Colac Herald (Vic. : 1875 - 1918) Mon 6 May 1912 Page 2 NOTES AND EVENTS.
Mr Robert Trotter, of Colac, suffered a sad . bereavement on Sunday" by the death of his youngest daughter, Jessie, who. was 24 years of age.
The funeral will leave his residence,. Wilson street, 'this (Monday) .afternoon at 2.30 o'clock for the Colac cemetery.

Robert married Margaret WRAY [10512] [MRIN: 3452] in 1867 in , Victoria, Australia.⁸¹³⁷ (Margaret WRAY [10512] was born in 1848 in Colac, Vic, Australia and died on 8 Jul 1890 in Colac, Vic, Australia.)