Smith was from the firm of Nicholls, Moody and Smith.
Goldfields Involvement, 1854
Smith was a member of the Independent California Rangers.
Post 1854 Experiences
In the News
- Jackson v Emery-Mr Randall for plaintiff, Mr Cuthbert for defendant. £35 0s 6d on a bill of exchange. Mr Randall called the defendant, who, examined by him and Mr Cuthbert, stated that in December, 1854, the firm of which he was a member consisted of Emery, Moody, Nicholls, and Smith, and the note sued on was signed by Nicholls. The bill was drawn in 1854 by Nicholls, for self and company, payable a month after date, but defendant said it had never been presented to him, nor had the bank ever given him notice of dishonor. He never saw the bill till the other day, although he had been in business in Ballarat ever since, and had done business with the present defend ant. He could not tell what the bill was drawn for, as all the books and papers of the firm were burnt in the fire at the United States Hotel in 1855. Defendant did not ask us for the money. We owed a good many bills at the time of the fire, and several gentlemen (Moore & Dunne, Rowlands & Lewis, and others) receipted their bills, although we owed them perhaps hundreds of pounds. 'Plaintiff deposed in support of his case, but was inaudible half the time he was in the box. He said he had been his brother's partner and had bought his debts. Had asked one or other of the defendant's firm for payment of the bill about a fortnight after the fire; was not then aware a subscription was being raised for defendant's firm; told defendant that Moody would not pay it, and defendant said he would pay half. That was about three weeks after the fire. He asked defendant twice, and Moody twice, for payment; Moody said I ought to give him the amount, but I never promised to do so. Mr Cuthbert urged that, as plain tiffs had delayed so long to present the bill, whereby defend ant alone out of four, was now sued his Honor should not give costs. His Honor gave judgment for plaintiff without costs.
Corfield, J.,Wickham, D., & Gervasoni, C. The Eureka Encyclopaedia, Ballarat Heritage Services, 2004.
- 9 February 1859.