TIMARU DISTRICT COURT.

Lyttelton Times, Volume LXXIX, Issue 9993, 23 March 1893, Page 6

TIMARU DISTRICT COURT.

rPn Panes Association.] TIMARU, March 22. At (be District Court the hearing of the mi, Hargrs*ves v. the Canterbury farmers' Cooperative Association, was concluded this afternoon, and judgment waa''reserved till to-morrow. For the defence, O.Q. Jnglis, defendants' manager, gave evidence that he was not given to understand that the coals sold to him by CsW.* Turner belonged to plaintiff. Defendant's counsel contended that of two innocent parties, the one to suffer by the wrong-dOing of a third person must bo ihr who put it in his power to do wring. Turner had two hundred tons of & the ateamer, and the Court should aeanine that he acted honestly, and sold hiebwnand hot plaintiff's coals to deflljjiMitai. . The sale having been made, the iigbta of 'an undisclosed principal secondary to those Of the buyer. Mr Fisher. for plaintiff, pointed out that Hargreaves’ interest was disclosed more than sufficiently to require investigation of its nature by the defendants. The defandante were directed to pay him the wooifdi in a certain eventuality. Another that defendants had not paid •fcTtba coals, but set them off against a dabt ; and when an agent waa only authorised to sell for cash, the owner retained larger powers of recovery from a bniW wl»o did not pay cash. Clauses 4 and 6 Of Ahe Mercantile Agents Act were in alalntifl'a favour. The plea that plaintiff idbMaaentij accepted and ratified Turner’s IqHou was disproved by his anger when 'bTaaeertained what it was. His Honor ! Mewed Me decision till to-morrow. la bankruptcy, argument was heard on the question whether the claim of a workJJlßfnr money earned in digging potatoes under a free contract, termmIbia . either side at any time, is a pte{Miept.: : deiffi o*. jot* Ja dff e iule< * tb|lit ;i. : '