MAGISTRATE'S COURT

New Zealand Herald, Volume XLIX, Issue 15094, 10 September 1912, Page 5

MAGISTRATE'S COURT

PURCHASE OF A FISHING BOAT.

Tub hearing of the case in which David Pallant. a- 'bus proprietor of Waipu, claimed £60 from Booth, Mac Donald and Company, in connection with an auxiliary fishing boat, which he had purchased from the defendants, was concluded before Mr. C. C. Kettle, S.M., at the Magistrate's Court yesterday. It was contended that the boat was unseaworthy. and unfitted for the purpose for which it was intended. It was stated by the defence that the defendants did not make a practice of shipbroking, and had made no guarantee that the hull of the boat was in a sound condition.

Continued yesterday, it was contended by Mr. M. G. McGregor, for tho plain-' tiff, that there had been a breach of implied warranty. Dr. H. D. Bamford. for tho defendants, submitted that the boat was bought at the plaintiff's risk, and no warranty of any kind was given. In giving his decision, the magistrate said that though his sympathies were with the plaintiff, who had evidently bought a, '' pig in a. poke." lie would give judgment for the defendants, MOTOR CAR REPAIRS. A claim was brought by Dexter and Crozior, Ltd., motor car and cycle importers, 'against William Frater, Frederick Carr. Andrew Haniia, and Arthur Herbert Hnllam, for the sum of £67 14s] Bd, representing the amount alleged to bo "duo for work done, and materials supplied by the plaintiff in connection with a motor car, of which the defendants wero the co-owners. The motor car in question, was run by the defendants, who were a syndicate, for hire in and around Auckland] Mr. Massey appeared for the plaintiffs, and Messrs. A. L. Denniston and E. W. Burton for the defendants. The goods in connection with the car, were supplied to the chauffeurs, who were running it, and Mr. Massey submitted that tho defendants wore liable, inasmuch as the chauffeurs were acting in the nature of agents, or servants. For the defence, it was contended that tho chauffeurs wero not Hie servants of the defendants. On the contrary, agreements between the syndicate and tho men who had driven the car, showed that the latter were the hirers, and hence were liable. After evidence had been given by the managing director, and aleo by the accountant of the firm of Dexter and C'rozier, Ltd.. the case was adjourned 'till 9.30 o'clock this morning.