GOODS FOR A BAKER.

New Zealand Herald, Volume L, Issue 15375, 9 August 1913, Page 5

GOODS FOR A BAKER.

A COMPLICATED CASK. :>■:■/', -' •': ; : - : - ::f Judgment was delivered yesterday by Mr. C. C. Kettle, S.M., in the case of-Frank Martin Winstone, of Auckland, merchant (Mr. Stanton) v. Jerome A. McLennan, of | Helensville, .and' Arthur Beaumont Boyce,j of Cambridge (Mr. Lewis).* claim,was for £50 4s 6d for goods supplied to McLennan when he was a baker at Cambridge. I Boyce, it was contended, had , merely used! McLennan as a dummy, and really .» owned j the business himself. The magistrate said that there could* be no doubt that plaintiff was entitled J; to judgment for some amount. ' It wag very difficult to say what was the relationship between the two defendants, but the evidence pointed strongly to the if act ; ; that McLennan was really the agent. It was not, however, necessary for him to decide that questionj for plaintiff was : entitled to judgment on another point. - He; was satisfied that at a meeting of :McLenian'a.creditors Boyce had ! consented i to: assume the liabilities of the business, and to take over the book debts, which were stated to be £400. The book debts were to be got in as quickly as y possible, and to be handed over to the creditors as they came in, it being provided that if there was any deficiency Boyce should make it good. In the latter event it was provided that Boyce , could, subsequently, call upon \ McLennan for half the deficiency. In the present case j only one creditor was suing, and he would j suggest that the form, of trie judgment j should be held over pending the clearing | up of the business. He would suggest that j the arrangement l entered into y should {be carried out, the : book debts got in as : eoon as possible, and the money. paid oyer; to the creditors. Then the deficiency £ would be ascertainable, and the final judgment could he delivered.. ' ' ■. ' > ■