Court Action About Whangarei Agency Business

Northern Advocate, 1 December 1939, Page 10

Court Action About Whangarei Agency Business

[Special to “Northern Advocate ”] AUCKLAND, This Day. An Auckland corsetier, James Steele, claimed in the Supreme Court yesterday for moneys allegedly due under an agreement, for balance of moneys owing on account, for car hire, and for general damages to his agency business in Whangarei. The defendant is Mrs F. Cartier, oi Whangarei, who had acted as saleswoman and agent for Steele.

Counter-Claim

The total amount of the claims was about £350. Mrs Cartier counter-claimed £B3l for moneys alleged to be due as salary and commission, and damages for wrongful seizure of defendant’s motor car and radio set.

Evidence was given by a law clerk, by Steele and by the secretary of his business, detaling various business arrangements entered into between Steele and Mrs Cartier. Evidence was given by Steele that he engaged Mrs Cartier as a saleswoman following an interview in March, 1938.

She gave him to understand that she had, before coming to New Zealand, been in charge of two hospitals in Melbourne.

Conditions of Employment

The conditions upon which he engaged Mrs Cartier, who .was advertised as ’’Matron Cartier,” were that she was to receive 33 1-3 per cent upon sales made and orders booked, 20 per cent to be paid when orders were booked, and the balance of 13 1-3 per cent when the money for the goods was received. For one week she was employed at £3 a week, and for four weeks at £lO ,a week, but out of the latter sum she had to provide the running exnenses of a car. Subsequently she was employed on commission.

Business At Whangarei,

Later Mrs Cartier opened a business at Whangarei but business with her had not been satisfactory from his viewpoint. He had advanced her £65 towards the purchase of a car, but she had not kept up the payments and he had eventually sent his two sons to Whangarei, where they took possession of the car.

Again cheques forwarded to him by Mrs Cartier had been returned by the banks as there were no funds to meet them. Steele said he had gone to Whangarei and taken repossession of the goods, which he had supplied to her on a sale or return basis. Evidence About Agreement. Several witnesses gave evidence respecting an agreement which Steele said had been drawn up and signed by himself and Mrs Cartier, but which she denied. At the conclusion of the case for Steele this morning Mr Justice Callan said that although he had heard only one side of the case he had to say that he had no reason to disbelieve the evidence given for Steele. “Either this is a very cleverly conceived conspiracy on Steele’s side or Mrs Cartier is about to commit perjury. . “That is a pretty serious thing to do,” said His Honour. “I will adjourn the case now till

2,15 p.m.” When the case was resumed this afternoon, Mr Garland said a settlement had been arrived at and in respect of the amount Mrs Cartier admitted to be owing to Steele, a confession would be filed.