AN ECHO OF SOUSA'S BAND.

Manawatu Standard, Volume XLI, Issue 9608, 6 September 1911, Page 6

AN ECHO OF SOUSA'S BAND.

QUESTION OF AN AGENT'S AUTHORITY. At tho Magistrate's Court yesterday, the case was. heard, before Mr A. D. Thomson, H.M., in which Ernost Denis Hoben (Mr Bagnall) proceeded against Edward Branscombe, Ltd., for the recovery of £6 for advertising. Mr Bagnall said the case involved tho question of whether a man named Doreo had authority to make a contract with plaintiff for advertising the visit of Sousa's Band. Doreo represented himself as tho touring agent of the organisation, and entered into a written contract authorising advertising to tho value of £6. Ho left the copy of an advertisement, and it was inserted in accordance with his instructions. . Mr. Brock, agent for Branscombe, Ltd., also saw tho contract, and said nothing, but next day thero was a row between Hoben'and Brock. Mr Bagnall alleged that the Newspaper Association had distributed amongst tho press a circular advising thorn against acceding to a request by the band management for preferential treatment, which thoy claimed on tho ground that thoy were not travelling for profit. Brock had the idea that Hoben was tho originator of tho circular, and in consequence withdrew the band's advertisement.

After evidence had been given his Worship said there seemed to bo no dispute about facts in the case. Tho only question was that as to tho authority ' possessed by Doreo. The advertising authority was quite reasonable. Under tho circumstances, and in the absenco of any evidence to the contrary, his Worship had to assume that Doreo had authority. A letter from Brock countermanding a part of tho advertising did not slate that Doree had 110 authority, but merely ordered tho discontinuance of tho advertisements after a certain date. It was to bo assumed that Doree had some authority; the only difficulty appeared to bo that Doree had probably ordered too much advertising. Judgment would bo for plaintiff for tho amount claimed, with costs £3 Is, less £2 8s paid into Court.