FAST TRIPS TO KAWAU.

New Zealand Herald, Volume LXI, Issue 18771, 26 July 1924, Page 11

FAST TRIPS TO KAWAU.

THE «SEA-SLED" SCHEME. LITKIATIOM OVER 1H& BOAT. I ENGINEERS WIN ACTION;; An unusual actiion, !n regard to a speedy sea boat, designed materially to ...shorten ' the duration of the passage between iiuck- ' land and Kawan Island, was beard ' Justice Stringer in the Supreme toiurt • yesterday. Clare and Warner {Mr. Lux- ' ford), engineers, of Auckland, sought to ' recover £271 9a 2d from theßapid River \ Service Company {Mr. Fleming), and the i Sea Sled Syndicate (Mr. for, work done ito the vessel known ajt the. ■'! "B*a Sled." '. „ j Each of the two sets of defendants con- , tended that they: acted aij agents to the i other. . The Sea Sled Syndicate claimed I that if they were liable to plaintiffs,: they ' had & right of indemnity against the other ; defendants..' >,' ;', Mr. Luxford'! said the Rapid Rtver Ssr- ' vice Company comprised H. D; Matthews, and Give Matthews, farmers, of Harail- ; j ton, F. J. Gane, agent, of Hamilton, and jH.■ M. Holmes, of Auckland. The last- . mentioned, however, was in America, and had not been served. The 8e& 81ed Syndicate comprised W. Duncan, ; farmer, T. M. Hammond, merchant, Percy Mifsiutell; civil servant, James Smith, merchant, 1} and J. Anderson, merchant,ell of Auckland, '\ \ , ..;;;•'■ .;'. ' ' ' ' , " Between Seaplane and Motor-car." The Rapid River Service Company,continued counsel, purported toii have patent rights in connection with tile Sea Sled. The Sea Sled Syndicate entered into an arrangement to purchase the Sea Sled from the other defendants;, and - both were to form a company to exploit Kawaq with the boat, which, had things gomi well, would have reduced the: journey , i|©\ half an hour. The craft was something between a seaplane and a motor-car. The Rapid River Service Company entered into I a deed of covenant with the'. Sea ;61ad Syn- j dicate, whereby the former." agreed to i complete the S«a Sled and to hand it over to the Sea'< Sled Syndicate. Thai Rapid River Bervice Company were to be financed by ths other defendants to the extent of £2000. When fche Sea Sled was completed the Bea Sled Syndicate was to acquire it for the total amount it had advanced, but with a limit of £2000. In January, .1921, said counsel, the Sea Sled Syndicate complained of non-com-pletion, the boat then being about two; months overdue. The syndicate cofriraurii cated with F. W. McCowan, an engineer of plaintiff's firm, who reported that certain things still required to be done. Completing the Work. \ Plaintiffs case, counsel stated, was that about January 25, 1021, Duncan arid Smith, of the;! Sea Sled Syndicate! asked McCowan if his firm would do the work he had recommended,' and McCowan .agreed that they would. At that date the syndicate had almost exhauiiited its funds. Plaintiffs, contended, -thail they were definitely told i by the syn-„ dicate to ; proceed with the;[-.' work. , P lain tiffs contended that they did* the work, primarily on the instruction: of ; the Sea Sled Syndicate, which took delivery of the boat. Francis W. McCowan stated thiat DunV can and the secretary of the S«ia Sled Syndicate, Hansen, gave instructions for the work to be done. Witness stated that another £120 would be needed to finish the work. Matthews; Lane and'<: Holmes said they' would End £150 towiird the boat.' .'.' , '~ '''/'!■' Vivian 0. Gosseti,: accountant to plaintiff company, said Smith and Duncan were' the names the work was entered against. Application, for Mr, Fleming, dealing : with plaintiffs' claim, asked tor a non-suit,* Plaintiffs, he contended, had failed to eratstlwh any case against the Rapid River Sei vice Com- . ipany.,,,, *...;;. .. : His Honor saidhwmust hays &Jr. Fleming's clients in the action until!: he had settled the rights of all parties. | " ~; : Mr. Fleming said he wou.d endeavour ! to show that a third syndicate IJioown as 1 the Sea Sled Buildera' Syriditute, was ' formed and £3400 capital subscribed. It 1 was in exiutehce for .... sisine months, and ' wa3 then liquidated. -, ■ His Honor: Where is the boatlriow ? f "■} Mr. Luxford said H yras at Poriisonby. :' Mr. Fleming said the capital sijibscrsbed to the third syndicate tijus refunded;; after i liquidation, less expenses and bjrokerage. j \ Hohjnden said that at no 'time did | the Sea Sledl SyndicateJauthorise'fche wort I 1 to be done. If that syndicate jjjave in-; ' structions tihey did so as agentai lor the" j Rapid Rivisr Service Company, and that ! agency wasi known to plaintiffs., • *<\ - ,- J I judgment for J Plalatifite: ■ •'•■ After argument, His Honor said he was; " not going to embarrass plairitifl|s' claim 5 with the tiuDsidiary claim 'between the. " two defendants. He would dispone of the. 5 one question and leave the! 1 defendants to; " fight it ort; between themselves. The work had been plaintiffs! werjp. entitled 1 to be paidl His impression wais that it. 1 was imposiiible to get over the tltatement • that the Sea Sled Syndicate ha/jl author--1 ised the work and that they wjire prin-, J cipals in the matter; :; ; - ' After a: short adjournm«nt to allow defendants to. confer, 'His Honor gave 1 judgment for the plainitiffs ; foir the amount 1 claimed,! against the Sea Sled Syhdieate,, witi/j costs; ■ 'I ' By egresment: the two sets jpf defen- ' dants reliriiquish all olaims agaihst each j other theiboat to become-.the [property 1 of the Rapid River Service Company, ' Defendants pay their own ;co3ta.|; ;