THE EXHIBITION DOG SHOW.

Lyttelton Times, Volume XCVI, Issue 14416, 5 July 1907, Page 5

THE EXHIBITION DOG SHOW.

CLAIM! AGAINST MEMBERS OF THE KENNEL CLUB. Yesterday at the Magistrate's Court, Mr V. G. Day, S.M., delivered judgment in the case of Webb v. Patrick Campbell, S. H. Graves, Andrew Duncan and Philip Hoare, which was heard last week. In delivering his judgment, the Magistrate said that the claim was for the sum of £46 6s lOd, for work done and material supplied in connection with a show held at the late New Zealand International Exhibition, by tho Canterbury Kennel Club. Mr Upham appeared for tho plaintiff, Mr Cassidy for the defendants Campbell, Duncan and Graves, members of the club, and Mr Cuningham for the defendant Philip Hoare, the secretary. It had not been disputed that the defendant Hoare had authorised the performance of the work, nor that he had been authorised by the other defendants and other members of the club to get the work done. The work was done, in pursuance of the objects of the club, for the purpose of holding a dog show at the Exhibition. The charges were fair and reasonable. Tho defendants had contended that as the charge for the work done was debited by the plaintiff in his books against the Kennel Club and accounts had been rendered in the same name, the defendants were not liable. In support of that contention there had been quoted the cases: Brown v. Andrews (18 Law Journals, Queen's Bench), Overton v. Hewitt ("Times" Law Reports, vol. 3), Wise v. Perpetual Trustees Co. (T.L.R., 19), Draper v. Earl Danvers (T.L.R., 9), and some others. The decision in the case of Overton y. Hewitt was overruled by that in Steele v. Gourley (T.L.E., 3, 1886). | These cases were, in his opinion, d's- ' tinguishable from this one. In each of the reported cases there had been a committee of management, but tno Canterbury Kennel Club by its-rules dispensed with any committee of management and the club itself was ■its own. committee. . Rule 6 of the club was as follows:—"The affairs of ti.o club shall be managed by the officebearers (who shall be elected at the annual meeting, and shall hold office during the ensuing year) and the members as a. whole, no committee beuig considered necessary. The club shiil annually elect a sub-committee of nine (9) members to consider all protests that may bo lodged during a show, such committee's decision to be liabie to an appeal to the club. Five members of the club shall form a quorum. All questions shall be decided by a majority of votes, the chairman having an original and a casting vote Mr Day said that he would hold that tho members of the club by its peculiar constitution and their own acts in delegating to the defendant, Philip Hoare, authority to get this work done nad made themselves liable to pay tor it. Judgment would be for the plaintiff for the amount claimed, with the usual defendants signified their intention of appealing against the decision.