R.M. COURT-This Day.

Auckland Star, Volume XXIII, Issue 4291, 22 February 1884, Page 2

R.M. COURT-This Day.

IBcfore H. G. Seth Smith, Esq., RJI

defended casks. .ifssSH 1 Newton King v. R. and W. HeujabJJM. Claim £67 6s sd.—This was a commiraionjpf to take tho evidence of the derfendanteijrfjj _ tho action having been commenced|liaN : Taranaki, whero the plaintiff resides.—Mr|f. I Thos. Wood appeared for the plaintiff, BBdaUt, Mr S. Hesketh for the defendant. ItMtmtds . I that in Juno of last year plaintiff was Rgenlji. (■ at Waitora for Mr J. W, Waller, omMH « tho s.s. Oreti, which wa? then running HI H tween Waitara and the Manukau. At HHI time Waller was owing the plaintiff £$§111 3 7d, and with the concurrence of Jaai.Bfßß' Kidd, who Mas acting as defendant's geMMI agont, it was agreed that in liquidatioiOTlj | this debt the freight on Messrs HellsffliM next two shipments of cattle should be paid*, i to the plaintiff. An order to this effect M sent by Waller to Kidd. Despite this, 111 ever, the money in respect of the shipttiMH was paid to Waller, who soon aftenHfl became bankrupt. The plaintiff theMll sued the defendants for tho recovery ofIfBB fij money. This morning tho evidence of wflHljj ham and Richard Hollaby was taken.. TbfflJH both repudiated Kidd's power to make'lifflfflll agreement binding them withoutJattMH special direction. He had been their agent'lt || for spociabshipmonts, but not their genenJaKjj agent. They recogniged no liabmtyi|M, It rc.pect of any payment to tho plaintiff,'-ewfflH'll although agreed to by Kidd. This wasJilg | substance of tho evidence which wastak&|li IS 0. W. Waller and J. S. Kidd also gavo erij| jj£