S.M. COURT.

Auckland Star, Volume XLII, Issue 134, 7 June 1911, Page 6

S.M. COURT.

(Before Mr. C. C. Kettle.) INgnBANCE CASE. Edward Bingfcam v. the Australian Mutual Provident Society, claim I£JS. MJ. Quartley for plaintiff, and Dr. Baniford for the defendant company. This was a claim by plaintiff that he was employed by the defendant company to travel for them iv the Waifctfto district, which embraced the districts, of Hamilton and Timriiiaruriid. One of the terms of employment was that there was no local agent in Hamilton ox any other part of the district save one F. Carrie, whose business. If contracted, iras to go through plaintiff. The Company appointed a broker, one McKay, in Te Kultl, after the date of plaintiff's employment, and in contravention of plaintiff's contract. The plaintiff claimed That he had'" therefore suffered lose and damage to the extent of £30; also that he was entitled to £8 on a special contract to be paid a travelling allowance of £2 every week from 25th January while travelling with one Dr. Levinge; and lie also claimed £5 for the breach of that contract. This case was partly opened yesterday, when plaintiff elected to accept a non-suit In respect to £30 of the amount claimed. The opening was resumed 'this morning, after which plaintiff gave evidence in respect of his claim. In cross-examination (admitted that when he Wrote forwarding his resignation, he thanked the company for many courtesies shown him, but made no claim for anything farther taat he considered due to htm He had previously been told that the Society paid all it ''held to be dne to him. He still held that £8 was due to him.

Mr. Kettle said ho considered there bad been a scandalous waste of time in the case, certainly not on Sic <part at defendant or tns solicitor. It should toave been obvious that the plaintiff's case was hopeless from the first. Practically a whole day had" been , -wasted. Plaintiff abandoned one amount, for which he had claimed, and it wae quite dear he must fail on the second. Judgment was-given tor defendant with cents.