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MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 2006, 6 December 1888
ABIIJ3URTOtf-'FHURSDAY. (Beforo Mr O. A, Wray, R.M.) ..... OIVAL CASKS. A«br>netou Publishing Oompany v* E. ( $l, L'JWtt, claim £1194. Judgment for plaint'ffi by defanU. J. A. Oaygill v B. Druoy, jadgment ! Bummonu £4 10a. Owe adj umed for a montb. Max Friedlandor v Moss Jonoß, o'aim £47 8.» 4J. Mr G. ilarp^r f,-r plaintiff )MrJ. W. White f..r defendant,— Ia thio cano pUint:ff o!aimed danaagco for loss sustained by him through Alleged tniar«preßentfttlon on tbe part of defendant. It apptared that In D.oembf>r; 1885, 'the aefoud&nfc waa a guaraottr of osrtatn apace to the South Canterbury Rafrio;eratlna 0-»ropaoy, snd that on the 2Q h of tbat month he Bold eptoa for 1000 sharp to Mr Max Frlodlandor through his agent, Mr Hogo Fricdlnndor. It was contended for plaintiff that defendant represented that a votflol would leavo Tiinara m February, 1686, and that he made no mention of a storage charpo of 61 per hand per month levied by the Oompany. \s a matter of faot no vessel left Tlmam till the middle of April, and pM-ittfi's sheep were sent by veaaela leaving Djnodln, Plaint'ff was put to expense to the amount claimed for storage ohargea by the Oompany, and fcr ral!ago. He stated that h»d hfl known the real facts of the oiae he wonld not hhvj bought tbo space aud h<3 now saed defor)dant t< r the loss to which he waa pat through alleged misrepresentation —Mr Hamper otlle i Hago Frlodlander, brother of tho plain Iff, who Bad that m December. 1885, he irss aoting as agent for bis brottior. He acted for him In th> matter now before the O »nrt. Previous to December, 1885, had been Inoommnoloatlon with Mr Jonas m reference to ob* talntng sfaco for foreign mutton on ships. On* December 26 Baw Mr Jonni, who offered to sell witucEs m behalf of his brother cartnin apaoa on ace >unt of tbe 8- uth Oantorbury Refrigerating Oomp&ny. He showed wttnena •> printed form cf oontraot. Witnero kept tbe form for a day or two Bnd than sent it to Mr Jon»a He never aont the contract back after it had been sfcned, but witness b»« it again In Titnaru. On the occasion Mr Jonas come to Aohborton, ho Bald that he !»i o»ma to bgo witness's brother about npaos for 1000 sheep. Asked btai what premium he wanted and he said 6d per head. The agreement set out that the sheep were to go by the first ship leaving Tlmara after the uhlp Ganterbary (an argument arose betwan Oounsol as to whether the document In quern ion required to be stamped. —T"e Magistrate said he was rather uo certain In regard to the point raised. The matter might, however, be referred to the Oommlaiioner)' Boforo wttnese filed In tha words by "the first ship after Oantorbury," witness nsked when the ihip waa likely to leave, aud he was given to understand that it would not be later than the first week In February, 1886.— Mr Wlite ol j*oted to this evl derjoa They oonld not go behind tho •greemont. —Mr Barper replied that be was peift'otly entitled to call tbe evidence ai plaintiff had been Induced to sign 'tho coniraot by means of mis representation. After some fotther arunment the examination of tbe wltonss proceeded. Witness continued ; Mr J.-oas did cot say anything about storage or ralbgr. Mr Junas said the Oorapany were completing »r---rangemonts for a vessel, which m all probability would be tho Matnura. Defendant Bhowed witness no further docn mento. Witness bongbt the space at 61 per head or £25 In all. la Junuory 1886, witness began to have correspondence with defendant In reference to sending forward tbo abeep. Witness replied to ono letter accepting spaoa for 1000 nhoep, apd In tho oarnu mouth tbe sheep were sent forward. After sending tbo sheep witness reoelved two notices from tho South Canterbury Refrigerating Oompanr. Those were dated Dec. 24, 1885, and stated that th'e"Brst ablp woald be ttio Mataara, whioh would leave about tho middle of April. Tho sheep would consequently have to be kept frcz; n for about six we« kg, and storage at the rate of 6i ppr head per raonth woqld be chirgtd. Mr Jonas did not show ih;ie docn-nonts to witness when making the con'.reob, nor did ho nllndo to them In any ahap) or form. Witness wro'e to Mr Jonas about tbe matter, Mr Jonas replied tba f. eorao of the eboep bad been Bout away by the Elderello, and he denied having atid that the ship wonld leavs fn tho first week Id February, adding that what he stated was tbat tho Directors were trying to charter a veotel to leave, The sheep wtre kept friz n for some time at the company 1 !} wrrks, and some of them were shipped by the Eldoralio and by the Lady Jooolyn; Tho sheep had to bo gant by these vessels becanae no abilp was available at Timaru.—Tho witness was sibjoctcd to ■> lengthy oroßß-oiaintnatlon M ths hands of Mr White,— F. Olulie said he waa Secretary of tbe South Cantorbury Refrigerating Oompany. Mr i Jonas wai a director m December 1885 ' Tbe olroulars produced were Issued by i witness by direction of the Oompany. The clroolars wero drawn up by the Ohairtrjsn and witness, Mr Jonas who wa>i at the time a pnarnntoo of space attended most of the Dirootors ' meetingr. It was m consequent of a ocmplalot made by Mr Frledlqnder that witness sent him copies of the oiroularn, Tho tVlitaqm was en p»god about Qirlstmas |!me deftalioly for April l'ho phartflr wonld probably be dpcidod on at a Directors meeting, but thoro w»s no reo^rd m the miootes. By Mr White: Witness posted the whole of the olrcuUra on tho evonlug of Decembor 26, to the shareholders, including Mr Jonas. —D.Thomas saw Mr Jonea early In the morning of Boxing dty 1885 He ofltno to witness's ptlvato house and fold him some ppaoe for frrzen muttoo. Defendant said he was going roqnd to Frledlandor'a, Signed $ blank form of contraot, which defendant took with blm, Witness's sheep wera to go by the sblp Invorcwgill In the first week m Fob. They did not go by that vessel however, they went by ihe E d «sHe and Lady Joaolyn. — This was plaintiff's o»B9.—Mr White opened that for tho defence, etatlqg that whan Mf J^ooaa, arrived |n A'hburton he had no kuowledgo tbat no voeael would leaya Timara I 111 April, and wbb oniy aware that the Directors were In negotiation for a ship to leavo soon after tho Canterbury. It had been shown that Mr. stTonas could not have boon aware ut the date of silling of tho Mataara, as the Seoretary bad sworn tbat tbe circulars were not posted till the evoalng of the .day on which Mr Jonas made the Bale. He called; Moss J,onna, the ° defendant, who said that In December, 1885, he was a Director .Of the Sooth Oauterbmy Rotrlgerstlng Oompany On December 26 he came to Asbburton,^nd saw Mr Friodlandor, In onnsrquonoa of a letter he had received from him. Told Mr Friedlandarbe ooold get him space at 6d per head, [Laft Bitting.] < ; ] i < ( ] <
MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 2006, 6 December 1888
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