DISTRICT COURT.—This Day

Auckland Star, Volume IV, Issue 1013, 17 April 1873, Page 3

DISTRICT COURT.—This Day

(Before His Honor Judge Beckk&m.) MERCURY BAY SAW-MILL CO. V, C. B. TAYLOR AND CO. Mr Rees, instructed by Mr Devore, appeared for the plaintiff ; and Mr Whitaker, instructed by Mr Cornford, appeared for defendant. This was a claim for £56 lls sd, balance of an account for certain quantities of timber supplied to defendants at Lytteltou by the Cleopatra, and at Levuka by the Merlin, in October, 1870. The portion sent ex Merlin was disputed, as defendants considered that as Mr Brownell transacted that part of the business without defendant's knowledge, lie was alone responsible.

Benjamin Gilmer was examined, and stated that he resided, in Hepburn-street, and was secretary to the Mercury Bay Saw Mill Corn pany. Knew a Mr Ifwerson, then captain of the Cleopatra, but now captain of the Velocidade. He remembered two shipments in October, one by the Cleopatra, and one by the Merlin. The present claim vas for timber shipped by the Merlin. In August defendant was in Auckland, and before he went to Christchurch some conversation ensued between witness and defendant about prices of timber and future shipmonte. Witness made an agreement -with Captain Ifwerson. On his return from the Fi.jis he handed him a list of specifications^ of timber which would be required at Christchurch, and the draught of both cargoes was to be included in one Mr Taylor yaid Captain Ifwerson was to arrange for future cargoes. His Honor remarked that tho agency must be established by plaintiff. Witness replied that Mr Taylor told bun in Ifwerson's presence that Ifwerson would arrange his future business with them. that C. B. Taylor and Company would pay their demands, and the Saw-mill Company would draw on them at three months. Capt. Ifferson ordered the timber to be/nipped on the Merlin. The timber, to the value of the present clam was duly shipped, witness believing that Ifferson had M." Taylor's authority. The invoice was. forwarded to Taylor and Co., Christchurch. Chrrles B. Taylor, the defendant in the csse, deposed that he knew Mr Gilmer; and ■in August last he saw him in reference to some timber,, when he had a conversation in presence of Capt. Ifwerson, but he denied that he authorized Ifwerson to do business with the vSaw Mill Company on his account He asked for a supply of timber on the usual terms, when Mr Gilmer said the Saw Mill Company would require a reference. He then referred him to Mr A. Buckland : and gave the secretary order to draw upon him at three months for any timber he might require. Cross-examined by Mr Eees : gThe first intimation he had of any timber having been sent by the Merlin was in December, 1870. He had never received an invoice of the timber by the Merlin. He never saw the timber, and never derived one sixpence from it. He did not know what became of the timber, that was Brownell's affair. Mr Rees asked that the case might be adadjourned for seven weeks till Captain Ifwerson could be in attendance, as his evidence relating to the conversation between the parties was of importance. Mr Whitaker thought the application was most preposterous, after getting Mr Taylor's evidence and especially as he would have to go to Christchurch and come back again. The application should have been made before going so far into the case. Mr Eees argued that the letters of Mr Taylor which were read in Court, contained admissions of the debt, but if the Court was against him in a point of law in respect to the corporation of the company, he would accept a nonsuit. Mr Whitaker addressed the Court at length on the peculiarities of the case, when His Honor thought that the Court was not' in a position to give judgment in the matter, the plaintiff therefore must be nonsuited.