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Bendigo Historical Society Inc.
Legal record - Transcript of High Court Appeal Philip Cooney v John Thomas Burns, 1921
... castle hotel john burns philip cooney 48 Pages - A Court Case ...The hearing of the case of John T. Burns, retired railway employee, of Buckley Street, Essendon v. Philip Cooney, licensed victualler, was concluded in the Supreme Court of Victoria (Bendigo) in June 1921. John sued the defendant for a specific performance of contract regarding the sale of ingoing furniture, etc., of the Limerick Castle Hotel, in Williamson Street, Bendigo. He also claimed the profits of the business from 21 February last to the date of possession. Burns also applied for an injunction restraining the defendant from disposing of the lease, licence and furniture of the hotel and premises to anybody else. The defence was that no agreement had been made between defendant and plaintiff for the sale of the hotel lease, although several attempts had been made to bring them to an agreement. Mr Cooney had authorized Mr. J. F. Kelly to sell the ingoing for £750. Burns had offered £650, but the defendant refused to accept that sum. The jury returned a verdict in favour of plaintiff. Judgment was deferred, pending an appeal, it was again heard by the High Court (Melbourne) and the onto the High Court of Australia (Sydney) on a point of law. The legal principle determined by this appeal is of great importance to buyers and sellers of landed property establishing the rule of law: that a house and land agent cannot, safely sell such property without the authority of the owner in writing, signed by such owner. It appears that the hotel-owner's agents had organised a sale to of the hotel along with furniture etc. to John Burns. The owner of the hotel Philip Cooney then objected to the sale of the furniture, although at some stage John Burns offered him 650 pounds to cover the items. The appeal came up for argument before the High Court at its Melbourne sittings on February 20 1922 the hearing extending over four days. Mr. Charles Gavan Duffy (instructed by Messrs. Quick and Luke Murphy) appeared for the appellant, and Messrs; Cohen and Robertson (instructed by Messrs. Macoboy and Taylor); for the respondent. The last court of appeal, the High Court in Sydney reserved its decision, as follows: The Appeal was allowed, with, costs. Judgment to he entered for the defendant Philip Clooney. The Deposit of £50 to be returned to the defendant.48 Pages - A Court Case involving the Limerick Castle Hotel in Williamson Street, Bendigo - Transcript "on appeal from the Supreme Court of Victoria at Bendigo to the High Court of Australia. 1921 No. 4 between Phillip Cooney (Appellant) and John Thomas Burns (Respondent). Quick and Luke Murphy, Chancery Lane, Solicitors for the Appellant. The Document contains seven sections: 1. Statement of Claim 2. Defenant's request for further particulars under the statement of claim 3. Plaintiff's further particulars 4. Defence 5. Reply 6. Judge's notes of evidence taken at the trial 7. Plaintiff's Exhibits - "A" lease, the Trustees, Executors and Agency Company Limited to Appelant "B" Notice of Application to Transfer Licence of Hotel to Responent, testimonials by Messrs. H. Donovan and J. K. Byrne "C" Assignment of Lease, Appelant to Responentbendigo, limerick castle hotel, john burns, philip cooney -
Federation University Art Collection
Painting - Watercolour, Mitchell, John, [Scottish Scene] by John Mitchell
John MITCHELL (1837 - 14 July 1926) Born Woodside, Donside, Scotland John Mitchell attended evening classes under James Giles in Aberdeen, and was also taught by his uncle the Peterhead artist John Mitchell. After an apprenticeship at a local lithographic company (Keith and Gibb) John Mitchell went to London to study at the Slade under Legros. Returning to Aberdeen he painted many scenes around the city and Aberdeenshire, including Balmoral, under the patronage of Queen Victoria. John Mitchell gave lessons in painting to the Royal Family. His landscapes are highly coloured with dominant blues and purples in the hills and with vivid greens and yellows in the foreground, subtly fused and never garish. He lithographed sketches for John Stewart's 'The Sculptured Stones of Scotland', 2 vols 1856-57, illustrated 'Under Lochnagar' 1894. His landscapes of Aberdeenshire are highly prized especially in the area in which he lived. His painting in the Mearns is regarded by some as his best work. In 1875 he painted an interior of Culter Castle and its Chapel which was subsequently purchased by the owner and in 1883 showed a portrait of his mother. Lived latterly at 10 Gladstone Place, Queen's Cross, Aberdeen. This item is part of the Federation University Art Collection. The Art Collection features over 2000 works and was listed as a 'Ballarat Treasure' in 2007.Framed watercolour of a Scottish Scene by John Mitchellart, artwork, john mitchell, mitchell, scotland, scottish, art, artwork, john mitchell, mitchell, scotland, scottish -
Federation University Art Collection
Painting - Watercolour, Mitchell, John, [Scottish Scene], 1981
John MITCHELL (1837 - 14 July 1926) Born Woodside, Donside, Scotland John Mitchell attended evening classes under James Giles in Aberdeen, and was also taught by his uncle the Peterhead artist John Mitchell. After an apprenticeship at a local lithographic company (Keith and Gibb) John Mitchell went to London to study at the Slade under Legros. Returning to Aberdeen he painted many scenes around the city and Aberdeenshire, including Balmoral, under the patronage of Queen Victoria. John Mitchell gave lessons in painting to the Royal Family. His landscapes are highly coloured with dominant blues and purples in the hills and with vivid greens and yellows in the foreground, subtly fused and never garish. He lithographed sketches for John Stewart's 'The Sculptured Stones of Scotland', 2 vols 1856-57, illustrated 'Under Lochnagar' 1894. His landscapes of Aberdeenshire are highly prized especially in the area in which he lived. His painting in the Mearns is regarded by some as his best work. In 1875 he painted an interior of Culter Castle and its Chapel which was subsequently purchased by the owner and in 1883 showed a portrait of his mother. Lived latterly at 10 Gladstone Place, Queen's Cross, Aberdeen. This item is part of the Federation University Art Collection. The Art Collection features over 2000 works and was listed as a 'Ballarat Treasure' in 2007.Framed watercolour of a creek in Scotland.art, artwork, art, artwork, john mitchell, mitchell, scotland, scottish -
Bendigo Historical Society Inc.
Document - SPECIMEN COTTAGE COLLECTION: VARIOUS DOCUMENTS
Various documents in plastic folders. The topics are: 4030.1 – 4300.25 Various documents in plastic folders. Various documents in plastic folders. The topics are: 4030.1 Photocopy of an article titled Saunders' Victoria House. Also a map of the Saunders residence in High Street. 4030.2. Article titled What I saw in gaol July 1889 (written by Gilbert Rule.. 4030.3. Eleven pages essay: H. M. Prison Bendigo after a short history of the prison there are details of several criminal cases. Also brochure H.M. Prison Bendigo 1861-2006, Official decommissioning ceremony 5 January 2006. 4030.4. The Temple Builders, talk by Alex H. Stone 10th May, 1998. 4030.5. The German contribution to early Bendigo by Frank Cusack. 4030.6. Children's games played during and prior to the great depression, Interviews conducted by James Lerk. People interviewed are: Stella Banfield, Mary Pickles, Geoff Newman, Vel Newman, Joan O'Donahue, Peg Schlotterlein, James Gallagher, Jack Larkin, Ken Maes. 4030.7. Email from Hans Tracksdorf to Andy Walker and Ana Hilson updating on the Charlton Building at 60-62 Mundy Street, June 2015, several coloured photos attached. 4030.8. Notes on the family of Elizabeth Ann Butler. 4030.9. The Amy Castles story, a narrative on the life of the singer Amy Castles. Also a booklet ''I lived for the art'' The story of Amy Castles concert program. 4030.10. Harcourt Valley Heritage & Tourist Centre ''Granite houses of Faraday and Harcourt'' by George Milford, March 2010. 4030.11. The story of Knipe's castle and the man who built it, John Hanlon Knipe. A paper presented by Mrs. Edith Lunn 2nd April, 1987. Also some photographs of graves and various documents. 4030.12. Report: Victorian Heritage database place details 15/07/2014 former Kahland winery and cellars. Also two coloured photographs from Tony Robinson' s walk around Bendigo, Kahland street - Lynden house built 1873 wine cellar. 4030.13. several letters from James and Dinah Jeal to their parents detailing their travels on the goldfields dates from 1855 to 1865. 4030.14. Photocopy of a six pages hand written letter to a Walter Edis (?. in England from a J. Wharton (?. from Woodstock on Loddon, detailing his boat trip to Melbourne and the train trip to Marong where he is working. Letter dated July 9th, 1923. 4030.15. The history of T.C. Watts & Son, real estate agents in Bendigo by Edith Lunn. September 30th, 2000. 4030.16. Medals created by Messrs Joseph and Co. Pall Mall, Sandhurst and Melbourne with special reference to ''Champion Medals'' created for the Bendigo Rifles and other Victorian forces. 1858 to 1885. Compiled by Angus Pearson December 2012. 4030.17. Talk by Jim Evans at September 202 meeting of the Bendigo Historical Society. The Inimitable Charles Thatcher, colonial minstrel. 4030.18. Six pages typewritten document titled: C.R. Thatcher, the local songster. Date and author unknown. 4030.19. Music sheet. The Chinaman. Thatcher's colonial songs as written and sung by Charles Robert Thatcher during the goldrushes in the Shamrock hotel, Bendigo. 4030.20. Heidi Teague young historian award two pages detailing the criteria for the award, a newspaper obituary for Heidi Teague and a twenty five pages transcribe interview of Heidi Teague, Heidi was interviewed by Ines Tyson and transcribed by Carol Woolman in 2009. 4030.21. Photograph of Richard Bertram Taylor in military uniform, Richard was killed in action in WWI. Also a brief family history 4030.22. Six pages typewritten letter from John Stuart, Assistant Surgeon Royal Navy to chief Secretary The Honourable C. Haines dated Sandhurst 27th May, 1857 regarding Chinese protectorate. 4030.23. Eight pages biography with photos of Sister Clara Stewart. 4030.24. Two pages biography on John Boyd Watson (and sons. by Rob Upson 4030.25. History of Alick Wilkinson & other grocers 1930 onwards. Compiled by Vernon and Garran Wilkinson.