CIVIL CASES

Evening Post, Volume CI, Issue 48, 25 February 1921, Page 10

CIVIL CASES

The following further civil cases were heard at the S.M. Court yesterday:— . CARGO SHORT DELIVERED. The New Zealand Hardware Co., Ltd., Inveroargill (Mr. J. C. Morrison), sought to recover from the captain, owners and agents (Messrs. Dalgety and Co.) of- the s;s. Tutanekai :i sum of £67 17s -6(3; the value of a- case of padlocks short-de-livered at Wellington, ' between 20th March and 'sth April, 1920, while the vessel was discharging cargo. Plaintiff contended that the agents of .the vessel were liable, under section 302, of the Shipping and Seamen Act, for the payment of claims .'for short delivered or pillaged cargo after the departure of the vessel. The defence, raised by Mr. A. AY. Blair, who appeared, on behalf of the agents, was that no. claim could be made on the agents, as no notice; of cjaim had, been given till^some months after the delivery of the cargo, whereas the Act stipulated that notice must be given to the agents within fourteen days of the delivery. Judgment was reserved. NONSUITED. An interesting case to insurance agents and others was heard to-day before Mr. Evans, S.M., iwheu 'J. J. Thomas, the plaintiff and agent for the A.P.A. Association, Ltd., insured the life of 0. Mears, the defendant, for £250, and promised to pay for the defendant the first premium, which was to be repaid by the defendant at his leisure. The plaintitj' had made two payments, which he said comprised the yearly premium, but the defendant contended that the first payment was the premium agreed on between the. parties. However, the Magistrate ■ held that in terms of the proposal the premium first paid was the whole premium referred to. Plaintiff,- who was represented by Mr. Hanna, was therefore nonsuited, with costs (£2 Is 6d). Mr. A. M. Salek appeared for the defendant.

A nonsuit was also entered, against the C. and A. Odlin Timber and Hardware Co. (Mr. R. Kennedy), who sought to recover £8 6s 5d from Horace Baker (Mr. J. .Scott) for timber 'supplied, for the defendant denied that he had ordered the timber, and the Magistrate held that there was no evidence as to who had given tho order.