GORE MAGISTRATE'S COURT

Mataura Ensign, 16 August 1913, Page 3

GORE MAGISTRATE'S COURT

CLAIM FOR A GANTRY,

The Gore Magistrate's Court was occupied for a great portion of yesterday in hearing a claim by James Paterson (Mr D. M. Cochrane) against Walter hxccll (Mr E. R. Bowler) for a steel gantry which it was alleged was removed from a dredge known as the Syndicate No. 1 dredge, the property of the plaintiff.

nM The j P ] aiE i tiff out in nis claim (!) .1 hat defendant or his workman removed a steel gantry from one of plaintiff's dredges, viz., the Syndicate No. 1 dredge; (2) that defendant retained same and (refuses to give it up; (3) that the replacing of the gantry in position would cost at least £25; (4) that plaintiff had to employ men to bale water out of the dredge owing to damage caused by the removal of the gantry. 1 no plaintiff therefore claimed that defendant bo <,nl9:ed to return the gantry and pay £lO damages for detention thereof; a], o £25 for cost of replacing same to tho framework, and £2 damages to cover cost of baling out the pontoon; or in the alternative £135 damages, the amount of the probable cost of making a new gantry and fixing it to the framework of the dredge. The defendant had paid £5 into court in satisfaction of the claim ™™ m t? P * ters o n said that on June 7, 1913, Mr R. L. Christie asked if he (witness) would sell the old Argyle gan-1 I ®* 7 &B on the river bank at Waikaka Valley. Witness replied! Yes,' Mr Christie said he thought! he could find a customer for it. Later ' on Mr Christie rang up witness at! Dunedin and asked if he would sell the' gantry on the dredge, and at what! price. Witness told "Christie that the I j gantry was not for gale. Two days later 1 witness called on Mr Christie at his I workshop and told him he could not ; think of selling the gantry on tho' ! dredge, as it would effect its f:am^- ! work. Witness understood that Extll ' saw the Argyle gantry which was unsui t- ■ able. Smith (one of the other dredge- •' masters) subsequently informed witness J that was being removed the gantry from the dredge, and on going home the same day witness noticed that tho i gantry had been removed. Witness said to Christie that the pantrv would ; ,:aye to be returned or it s equivalent, j Witness met Excell and the latter informed him that he had bought thoi gantry from Christie for £5. Witness subsequently saw Christie and repeated Excell's conversation about the sale. Witness told Christie that as he had no ! authority to sell the gantry, to tell i rixcell to return it at once. The frame 1 and gantry cost witness £550 on trucks a-u Dunedin. The gantry itself would! bo worth over £IOO. Some gantries' wore worth £l6O. The pontoon had! been twisted somewhat bv the removal ', of the gantry. It would cost from £2O j to £25 to place .the gantry in posi- ■ oion again. j Cross-examined: Witness stated that ne had bought all the ar«>U of ti;o Waikaka Syndicate in April hi.st. The I assets consisted of No. 1 dredge of '' w.ncii this gantry was a portion; also ' •no. 2 dredge of the syndicate, wh ; le the Argvle gentry was also on the C u ln i- JrL 6 had P aid £SOO in ««* and about was allowed in addition for services rendered. There were about 160 aore3 of freehold land included in the sale. The land was situated below the Willowbank railway station. The land and No. 1 dredge were submitted to amotion a short time previously, do woiud not deny that £l5O was of-! Lered for No. 1 dredgo. He had since >o!d about 80 acres of the land for 30per acre. He decided to sell the mi■hinery of No. 2 dredge. He removed ' *>me parts of No. 1 for his other' dreuges. He would swear that any) narts he decided to sell were from the j N< ?- 2 dredge only, and Tie told Christie! this. Christie had sold parts of the No 2 dredge viz., a valve box and barge pipe. These parts he found later on cad been taken off No. 1 dredge. He £.*" found lhat several other parts had been removed and he told Christie ' that a mistake had been made. Re-examined: He told Christie thnt tie proe of the valve box was ba'f the price of a new one. j

Samuel Paterson gave corroborative evidence m respect to Christie inquiring if witness' father Had any dredge parts for sale. D

John B. Palorson also gave evidence in respect to visiting Christie's office wiTh his brother, when the latter told Uinstie the gantry on the dredge was not for sale, but the one on the bank was. Christie replied that the one on tne bank wag unsuitable.

John McGregor, solicitor, Dunedin gave evidence to the effect that R. L. Christie, of Gore, rang him up at Dunedin and asked' wtiness to give a message to Mr Jas. Paterson wihioh related to two gantries, one on the river bank and one on the dredge, and asking whether the one on tho dredge was for sale as well as the one on the iground. He (witness) said lie would give the message to Mr Paterson, but he forgot to do so until the following day.. As Paterson was going home to Gore that nieht he did not give witness a reply to Christie's message. This closed plaintiff's case. alt Bowler, for the defenee, said there was no actual evidence that deI fendant had removed the gantry from the dredge. He would prove in evidence that Christie wa,s the agent for Paterson and had arranged with Paterson to sell parts on commission. Walter Excell (defendant) said that he met Paterson at Gore some months ago and had a with him. Paterson told him that he had bought the syndicate Dredge No. 1 and if he (SJxcell) wanted any narts (Paterson) { was prepared to sell. It' was a common practice to buy dredge narts in the district. Witness had bought parts of other 'dredges in the district. Witness saw Christie, who told him that

Pateraon had been m and he (Christie could sell any of the dredge parts anc he supposed he would get the usua: commission. Cook (witness' partner made the arrangements and got th articles from No._ 1 dredge. Continuing, witness stated that h< saw Christie at Gore and offered hin I£2 10s for Paterson's gantry. Christie .' rang up Paterson and told him that he could get 50s for one of the gantries and Paterson replied thsct Christie might do what, he oould. I n con sequence of this witness and' his partner arranged with Christie to see iihia tw< gantries. Witness subsequently inspotted the Argyle and Syndicate's No. 1 gantries, and he decided that No. 1 would suit him. He went to Gore and told Christie that he would' take No. 1. Christie stated that <he would ring up Paterson and see if both gantries were the same price. In the meantime Paterson had gone to Dunedin. Witness said he would have to do something—either, get some timber or another gantry. Christie said the best thing would be to take No. 1 gantry even ; if it were double the price, but he did not think it would be that, aa Paterson considered the ATgyle gantry the heavier and better one. Witness decided to do as advised,, 'and had the gantry re- ' moved. No damage was done in removing the gantry. The boiler had been removed when he took off the gantry, i Cross-examined: Witness had autliorI ity from Christie to remove the gantry. | To the Court: He did not ask Chri's- , tie a second time if the price was to be £5. He expected that it would not be more than that, and he had paid that amount into court. R. L. Christie gave evidence to the effect that he had done a good deal of business with both Paterson and Excell. He saw Paterson before selling the gantry to Bxcell. Paterson told witness that he had bought No. 1 dredge and he (Christie) could sell any of the parts. Some of the parts had already gone when he saw Paterson, including the boiler. He paw Excell the sumo day and he told witness that Paterson told Jiim that he (Christie) could sell parts"of the dredge. Witness fixed the price for a number of things that were sold. Paterson complained to witness thita part of the condenser had been removed and that they might as well have taken the whole of the condenser, as what was left was useless. The sale of the gantry took place later. He told Paterson that he could get 50s or £3 for the gantry on the bank and he replied, "Do the best you can with it." lie saw Excell a few days afterwards who said the gnatry on the hank did not suit him. but the one on the dredge was more suitable. Witness told Excell that he <,.: y discussed the price oi the gantry on the bank, and not the one on the dredge. Paterson suggested to witness to advise Excell to buy the whole dredge. Paterson said that n Exoell bought the lot he would give £4O for the roofing iron. Cross-examined: He thought it better to refer to Mr Paterson when any of the larger things were to be sold. Alex. Y. Cook corroborated Excell's evidence.

Thos. McMath and Henry Smith also gave evidence and the case for the dote ace then closed.

Mr Bowler, in addressing the court, 'said there were only two issues, viz., "Was Christie acting as agent tor Patereon and did he act witimi the scope 01 his authority? The evidence ail through proved that Christie acted as Patert»o.ii't> agent, ana «ud the goods to Excell ana Ccok pursuant to that authority, luirther, the defendant had paid into court that which, was fair value for the goods. Mr Cochrane stated that the fact that Christie rang up Dunedin to a.sk the price of the gantry showed that, he wav not an agent. Chri6tie on his own admission showed that he must refer to I'utorsxm. Ah his client wanted wa= to get back his gantry and put it in position on the dredge. The magistrate decided to reserve judgment.