SALE OF VESSEL

New Zealand Herald, Volume LXXIV, Issue 22877, 4 November 1937, Page 16

SALE OF VESSEL

DISPUTE OVER VALUE ACTION AGAINST VENDOR PURCHASER CLAIMS REFUND CONDITION OF THE IRANUI A dispute over the value of a small motor-vessel of 10 tons gross, with allegations of fraud against the vendor of it, was brought before Mr. Justice Fair and a jury of 12 at the Supremo Court yesterday.' The action was brought by William Cnrard Sampson, marine engineer (Mr. Allan J. Moody, instructed by Mr. K. C. Stewart), against Joachim George Sorensen, master mariner (Mr. Goulding). Sampson claimed that on November 7 of last year Sorensen sold him the motor-ship Iranui for £750, of which £550 was paid in cash and the balance secured by a mortgage oyer the ship. He alleged that ho had bought the ship because Sorensen had represented to him that it was sound and seaworthy, whereas it was not so and Sorensen knew it was not so. Sampson said the Iranui was of use only for scrapping purposes and its value was only £3O. Ho therefore claimed £720. Sorensen in his defence said that Sampson had inspected the ship for himself and relied on his own judgment in buying it. He denied making any representations, and said the ship was sound and seaworthy at the time of the sale. He further said that the ship had been used by Sampson down to the month of May last. Accident Near the Nolsies Mr./ Moody said the Iranui was about 30 years old. Plaintiff was a young man just turned 22 and defendant was an old and experienced master mariner. Plaintiff definitely told defendant ho was relying upon his word and standing in the community. Sorensen said she was "sound as a bell" and in firstclass condition and had just passed her current survey. Evidence would be called to show that the hull of the ship was in a rotten condition. In May she sprang a leak near the Noisies, and Sampson then learned that he could do nothing further with her. Plaintiff said that on May 9, near The Noisies, when ho had 24 passengers, the Iranui went over a sea and broke eight diagonal planks. She stopped dead and started leaking. When he took her to a shipwright's for repairs they showed him rotten parts and after inquiry he was satisfied it would he useless spending any more money on h° r - . , In cross-examination plaintiff agreed that he had run the boat in all weathers from November 1 to May 9, and she had behaved satisfactorily. Estimate of £9OO for Repairs

H. G. McMillan, master mariner, said that the timber in tho Iranui was in a rotten condition and had been so for a number of years. Evidence that parts of the vessel were in a very advanced state of decay was given by T. F. Lowe, a boat builder for 22 years He estimated it would cost £9OO to put her in good repair again. A. V. Fyer said ho had found tho Iranui absolutely rotten, a condition brought about by want of paint and want of care.

Mr. Goulding said that the case involved a serious imputation of dishonesty. Captain Sorensen had had this vessel for 12 years, had looked after her well, used her in all kinds of weather and had never had trouble with her. Value of the Engine Ernest C. Fowler, launch proprietor, said he had seen fertiliser being loaded into the Iranui by Sampson when the tide was low. The weight of these bags falling 12 or 14 feet would start tho seams of the vessel. He considered the engine of tho Iranui was worth up to £l5O after th 6 accident in May. Defendant said he was 60 years of age and had been 46 years at sea. Ho had been a master mariner for 3.3 years. The engine in tho Iranui cost him approximately £BOO and it was still a good engine when he sold the vessel last November. She was an excellent sea boat, and he always kept her in repair. The words he used about the vessel wero "Sound as far as 1 know. Seaworthy and in good order." The diagonals could not have been broken by a sea, as Sampson said, but were probably broken by a blow.

Defendant was still under crossexamination when the Court adjourned until this morning.