AUCTIONEERS AT LAW

King Country Chronicle, Volume XXIV, Issue 3239, 6 December 1930, Page 5

AUCTIONEERS AT LAW

REBATE COMMISSIONS SUED FOR. JUDGMENT RESERVED. After extending into the third day, His Honour, Mr. Justice Herdman reserved judgment on Thursday in the case in which the New Zealand Loan and Mercantile Agency Company, Limited, sued Abraham and Williams, Limited, for £BB6 alleged to be owing on account.

Plaintiffs were represented by Mr. F. A. Swarbrick and defendants by Mr. J. G. Gordon.

A WITNESS RECALLED

James Tatham, recalled, said he told Thynne the correct number of sheep which he got at Whakatane. The number 'was 1600 odd. He never told Thynne that the amount owing to the Loan Company was only £l5O. They went through the accounts together, and Thynne told Westfield he could have the stock that was there. Thynne told Westfield he would sell the stock that witness had on hand. Thynne told winess privately that there would be a shortage, whereupon witness said he would get his wife to sell her property. In answer to His Honour, witness said he remembered Luxford communicating with Thynne about the proposed purchase of stock on the East Coast. Nealon was to be allowed to purchase from 800 to 1000 ewes. That limit was exceeded. The 1274 ewes were a separate deal altogether. He must have had an arrangement with Thynne or he would not have purchased them. Nealon took no part in the purchase of this line. His Honour: Did you make an arrangement with Thynne.

I am sure I made an arrangement with either Thynne or Hislop. Thynne had never" told witness he would not pay. Witness said that shortly afterwards he bought 800 sheep from Newton King. He had no authority to do this.

Arthur Wakefield Ward, recalled, in answer to His Honour said he was not sure whether his company intimated to Thynne, except in correspondence, that unless arrangements were made for this debt they would sue for it. He was not aware that any member of the Loan Company was told to forbear from suing Tatham. His company throughout had looked to Abraham and Williams for payment of the account and not to Tatham.

After hearing addresses by counsel His -Honour reserved his decision. — Waikato Times.