ACTION AGAINST A LAWN TENNIS CLUB.

Press, Volume LI, Issue 8731, 1 March 1894, Page 6

ACTION AGAINST A LAWN TENNIS CLUB.

At the Lyttelton Resident Magistrate's Court, yesterday morning, in the case Lyttelton Gas Company v T. W. Lewis »nd W. Malcolmson, Secretary and Treasurer of the Lyttelton Lawn Tennis Club, judgment in which was adjourned, his Worship gave judgment this morning, as follows :— In my opinion, the plaintiffs cannot recover. The plaintiff' is unable to say who ordered the goods. The only evidence upon which the plaintiff can rely is the letter of 25th May, 1891, in which the defendant says the Club is not in the position to liquidate tbe amount owing. They say the persons who had charge of the Club when the liability was apparently incurred have left no record of it. The* Secretary took it for granted that the liability was incurred, but that is no proof for the plaintiff that it was incurred and on the authority of the case Fleming v Hector, 32 M. and W., if it had been incurred the defendants would not be liable. The plaintiff must look to the person who ordered the goods. He cannot pledge the credit of the members of the Club. When the defendants took offices as Secretary and Treasurer of the Club there was no record of the supply. Ido not think there is any continuing liability in tbe defendants as Secretary and Treasurer for the Club which may have been incurred by any former Secretary or Treasurer, even if it were proved that any such officer had incurred tbe debt, wbich it is not in this case. Mr Nalder, on behalf of the Gas Company, asked for a nonsuit, which was granted. Mr Stringer, on behalf of Mr Wilding, received the judgment for the Tennis Club.