HAWERA NEWS.

Taranaki Daily News, 19 August 1926, Page 2

HAWERA NEWS.

PARTNERSHIP DEBT CLAIM. CLAIM FOR BEER SUPPLIED. MAGISTRATE RESERVES DECISION. (From Our Own Reporter.) Hawera, Aug. IS. In 1922 a partnership was entered into by Messrs F. D. Buckley and H. Byswater, now deceased, who acquired the Normanby Hotel. They bought goods from the Hawera Brewery Co. and eventually left an outstanding debt to the amount of £35 5s 3d. Buckley had been sued and judgement had been obtained against him, but the Brewery Co. was unable to obtain satisfaction and as a result the Hawera company proceeded against the New Zealand Insurance Co. as executor of H. Byswater deceased, at the Hawera Court this morning in respect of the liability of the deceased . Byswater.. - In outlining the ease for the plaintiff, counsel said that Buckley and Byswater had entered into partnership in 1922 and they both visited the brewery and arranged for supplies of beer to the Normanby Hotel. Payments were made by cheque drawn “Buckley and Byswater” for some time, but eventually the account fell into arrears and Buckley was sued and judgment obtained against him in July, 1925. Prior to judgment the solicitors for plaintiff had applied to Byswater in Auckland asking for payment but he had replied denying his liability and stating that the partnership had been dissolved in June, 1922. Counsel explained that the hotel license was in Buckley’s name. ARRANGEMENT WITH BREWERY. The ease involved aigood deal of legal argument and the' 'Magistrate subsequently reserved decision. The manager of the Hawera Brewery Co., Beversham Tom Farmer, said he was the head brewer of the company in 1922 when Buckley and Byswater! had consulted him in regard to supplies of beer. Buckley had. done most of 1 the talking and arrangements had been made with them for the supply of liquor. In the following year tiife brewery had been formed into a limited liability company Witness said goods were paid for by cheque signed “Buckley and Byswater” and signed “F. D. Buckley.” In December, 192-1. the account was larger than lie thought it ought to be, and as the lease of the hotel was up in the following March witness interviewed Buckley about the account and he said: “What’s worrying you about the account; it’s a partnership one and you’ll be paid all right.” The brewery continued to do business with Buckley till he left. At no time did witness receive any notice of the dissolution of partnership. Cross-examined by counsel for the defence witness said before the incorporation of the company a Mr. Bowen had been the manager and had taken the orders. Witness admitted that Byswater was not in Normanby all the time, and said he had seen Byswater in Auckland in March, 1925. Witness said Byswater left the town in 1922 when his interests were in “turning out beer.” He explained that they had proceeded against Buckley because they had been trading with him aud he was “on the spot.” He could not tell of any written notice of dissolution of partnership and witness had no dealings with Byswater nor received any cheques from him after the incorporation of the brewing into a company and the taking over of the managership by witness. NO NOTICE OF DISSOLUTION. George Alfred Meyrick, manager for Johnston and Co., said he was traveller for his company in 1922 and he had called at the Normanby Hotel, where he met both Buckley and Byswater, who were in partnership. He did not remember when Byswater left, but he was not in Normanby for very long, and no notice in writing was given to witness’ company of the dissolution of partnership. One of the partners, Francis David Buckley, gave evidence of the formation of the partnership with Byswater, which was duly constituted by a deed. Byswater had left Normanby in June of the same year, and had not stayed at the hotel long. The partnership was dissolved in June, 1922, but the brewery company bad not been advised of the dissolution. Witness, however, continued paying accounts with cheques signed “Buckley and Byswater, p.p. F. D. Buckley.” He admitted telling Farmer not to worry about the payment of the account as it was-a partnership account. He knew they were not in partnership, hut “he couldn’t understand why the bank required the cheques to be signed in that way.” To the bench: When the partnership was dissolved they had consulted a solicitor and a settlement, of accounts was concluded. "HIS FIRST VENTURE.” Continuing, witness said he did not think it necessary to advise tradespeople of the change, and nobody had been notified of the change. Cross-examined by counsel forTbe defence, witness denied he had “put up” the brewery company to suing Byswater ,and he explained why he had told Farmer it was a partnership account was because he had to keep Byswater’s name on the cheque sinee the bank required this. He admitted the Normanby Hotel had been hie first venture in this field. Frederick Henry Miller, elerk of the Bank of Australasia, produced the records and authority revealing the transactions of Buckley and Byswater. cheques drawn by the partners were also produced and a cheque dated 1922 carried the signatures of both the partners while cheques drawn in 1924 carried the signature of “F. D. Buckley” for Buckley and Byswater. Counsel for plaintiffs submitted that his clients were entitled to continue to trade with Buckley and Byswater, as partners even after the dissolution, until they were given notice of the dissolution.

During the course of an exchange of questions and answers between the bench and counsel, the magistrate said that Buckley did not seem to have a notion of what the partnership involved. “I don’t think he really did see the .significance of the position,” continued His Worship. Decision was reserved. MAGISTRATE’S COURT, At the Hawera (Magistrate’s Court this morning judgment by default was given in the following undefended civil ek'ses by Mr. J. S. Barton, S.M.: —L. A. Taylor v. ®. Johns, ,£3l 8s 8d (costs

£5 2s 6d); Kaupokonui Dairy Co. v. J. G. Leppingwell, £43 15s Bd. ( £4 Is fld); G. fiyme and Co. v. H. M. Lee, £4 8S lid (£1 3s 6d); W. H. Luscombe V. Colin Leighton, £l4 7s 6d (£2 14s); W. A. Parkinson and Co. v. Maui Onekura, £7 16s (£1 15s 6<l); same v. Taki Williams, £3 (£1 16s 6d); Patter, son and Pearce v. N. Chadwick, £4 ( £1 3s fid); James Bartlett v. A. Wright, £3 19s (£1 3s fid); J. McKay v. G. Savage, £2l 3s lid (£4 13s); L. A. Taylor v. J. Clement, £lO 14s 7d (£3 10s). Orders were made against the following judgment debtors:— Wi Whatiti Tamarata was ordered to pay to A. Vinten the sum of £5 13s (costs 15s Cd), in default seven days’ imprisonment. Henry Burke was ordered to pay C. VV. Curtis the sum of £l6 4s (costs £1 Is), in default 18 days’ imprisonment. BOROUGH COUNCIL AFFAIRS. GENERAL MATTERS DISCUSSED. At the meeting of the Hawera Borough Council last night, a. deputation frnm the local W.E.A. movement waited on the council in order to solicit a' subsidy for the movement. Mr. Simpson explained that the council had granted a subsidy the year before last, and he asked that a subsidy be granted this year. He also took the opportunity of thanking the council for the use of the council room. Mr. Hall explained the objects and constitution of the association and he pointed out. that every £1 donated carried £1 subsidy from the Government. He emphasised .the fact that the movement was non-political aud non-seetar-ian. The Mayor"said that before they could support the movement financially they would need to be convinced that the association should be buoyant and well attended. He was, however, very much in favour of the objects of the movement. Tile inatter was subsequently referred to the general purposes committee for consideration. After a good dal of discussion, in which opinion was somewhat divided, the Hawera Municipal Band was granted permission to hold sacred concerts in the Opera House, periodically on Sunday nights, commencing at 8.30 p.m., until the end of October, and .on the Mayor's motion a stipulation was made that the collection should be made in the hall. Cr. H. N. Lester, explained that the band was entering for the contests in Wellington in February next and the purpose of the concerts was to raise funds to take the band to Wellington. ’ . The proposed loan.for Nolantown was referred to by* Cr. J. M. Townsend, who said the loan proposals had beeu considered by the finance committee, but they had no recommendation to make on the information they had before them. He thought other channels than those offering loans at the present should lie exploited before anything was done. Tiie Mayor expressed the hope that the finance committee, at their next meeting, would finally deal with the matter and have some concrete proposal to submit to the council. . The matter was referred back to the finance committee. The advisability of drawing up a new set of .by-laws in regard to reinforced concrete construction was brought Under the notice of the council by a letter from the borough engineer (Mr. J. Sturrock), who suggested drawing up a liew set of by-laws and’submitting them to Mr. Silver, of Wellington, for approval. The council accepted the engineer’s offer to draw up a new set of by-laws, the matter being referred to the general committee to consult with the engineer. Tlio recommendation of the finance committee that a rebate of 5 per cent, be granted in the case of 'prompt payment of rates was adopted. Cr. E. Morrissey favoured an all-round reduction of the rates instead of a rebate as being fairer to all ratepayers. The application of Newton King, Ltd., to erect pig pens at the rear of their premises in Nelson Street was refused, the opinion being expressed that they would be too near the town and would be the. means of a nuisance from files. CLAIM FOR COMPENSATION. Mr. J. S. Barton, S.M., has been appointed president of the Assessment Court to be held in Hawera, probably on September 3, to consider the claim of C. Amon, of Alton, for compensation from the Patea County Council for the inconvenience, caused by the council putting a cutting past his house and affecting .the entrance to his property. The ease was to have been heard in New Plymouth, but on account of the pre-, •sence of most of the witnesses in South. Taranaki, Mr. P. O’Dea made application to have-the case heard in Hawera and this was granted. Mr. J.' R. Corrigan is assessor for the Patea County Council and Mr. F. Gawith for the claimant. PERSONAL ITEMS. Mr. and Mrs. A.’g. Barley left the express last evening en route for a holidav trip to the South Sea Islands. Mr. F. Gawith, of Hawera, already a member of the Royal Astronomical Society of England, has just been elected a “membre de Societe Astronomiqite do France.” This latter body is the equivalent in France of the former in England. Mr. Gawith’s election, was moved by Madame Flammarion, herself an astronomer, secretary of the. French Society and widow of the illustrious astronomer M. Camille Flammarion, to whose efforts the existence of the French society is due. M. E. M. Toehe, another noted astronomer, seconded the election.