A SKIN CASE.

Otago Witness, Issue 2287, 30 December 1897, Page 15

A SKIN CASE.

The fcl'owing caee wa9 heard at the Resident Magistrate's Court Last week :—: —

Norman M'Ritchie (Tapauui) v. The New Zealand Co-operative and Agency Co2)ipany (Limited). — Claim £140 'Is 8J. — Mr Sim appealed for plaintiff ; Mr Solomon, with Mr Jame«, for defendant company.— lhe statement of claim act forih that, the defendants had collected (as agenta-for the' plaintiff) tho procseds of 3982 skins (sold to one Joseph Gatneld) belonging to the plaintiff, which proceeds had been handed over, with the exception of a sum of JM4O ii Bd, which the defeadanta have wrongfully- retained and rsfusd to pay to the plaintiff. The plaintiff claimed as au alternative that defendants, in consideration of a commission paid to them by the plaintiff, agreed to guarantee as a del credere agent the payment by the said Joseph GatfiVld of the price of the said 3932 skins. The said Jo-eph Gatiiell has become bankrupt, leaving a balance of £M 0 4»81 owing in inspect of the said skins, and tho defendant haa refused to pay the said sum of jCHO 4=ißil. — Mr Solomon raised the objection that Iho statement of claim was impioper, in that it claimed on both the origiual and alternative, which avss not permissible uuder the Magistrate* Court Act. He submitted that plaintiff must limit hi-j cl*im to one or the other, and could not sue on both. — Mr Sim combated this argument, and eventually his Worship resolved to go on with the case, noting Mr Solomon's objection.— After Mr Sim had opened his case, the hearing was adjourned till January 12.