CLAIM FOR £113

Gisborne Herald, Volume LXVII, Issue 20379, 16 October 1940, Page 8

CLAIM FOR £ll3

FATHER AND SON SUED JUDGMENT FOR PLAINTIFF A claim against father and son was heard by Mr. E. L. Walton, S.M., in the Gisborne Magistrate’s Court yesterday, when Ronald N. Hansen (Mr. L. T. Burnard) proceeded against Leslie A. Ensor and Victor Leslie Ensor (Mr. H. D. Chrisp) for payment for cattle supplied during September and October last year. Judgment was given for the plaintiff for £ll3 19s, and costs £l4 Is 6d. Mr. Burnard explained that the first defendant had confessed judgment, and the question was whether the second defendant was liable. The cattle were supplied by the plaintiff to the second defendant on the representation that the second defendant was the owner of the business, and it was only some months afterwards, when the account remained unpaid; that the plaintiff learned that the second defendant maintained he was not liable for payment. Mr. Burnard said he would bring evidence to show that both before and after supplying the cattle the second defendant had held himself as the owner of the business and had made similar representations to other people. Mr. Chrisp said the defence was a denial of the evidence called for the plaintiff that the defendant held himself out as the owner of the business. It was contended that the business had been purchased by the father for the son for the son’s own benefit and that the father’s only part in the business was to assist the son with the finance. After hearing the evidence, His Worship said he was satisfied that the secand defendant had hel(l himself out as being responsible for the goods supplied, and gave judgment for the plaintiff.