DISTRICT COURT.

Temuka Leader, Issue 2480, 23 March 1893, Page 2

DISTRICT COURT.

TlMAßU— Tuesday, March 21st. (Before His Honour Judge Robinson). IN BANKTUPTCY. Orders of discharge were granted to W k Ingram and D. McLean (Mr Hay), W. Husband and J. A. Grade (Mr White). PROBATE,. ETC. Probate was granted of the wills of W. Jones, laborer, Timaril, (Mr Kinnerney), and of Henrietta Paterson, spinster, Temuka (Mr Raymond). Letters of admimstr’athn were granted of the estates of the late J. B. Woodhead, farmer, Milford (Mr White), and of the late C. W. Eichbaum, Pleasant Point (Mr Kinnerney). CIVIL CASE. Jacob Young v. Richard Allen, claim £46, money had »nd received, Mb Kinnerney for plaintiff, Mr Raymond for defendant. Mr Kinnerney asked for an adjournment owing to a material witness, Mr W. Collins, being seriously ill, so ill that his life was in danger. After a little discussion, it was agreed and ordered that the case be adjourned till next sitting, and then, if necessary, from time to time, till the evidence of Collins can be taken as on commission, 'the case generally being adjourned till the first sitting of the court after 21st March, 1894 ; a fresh j ury to be then summoned ; defendant to give security for the amount and costs. W, H. Hargreaves, merchant (Christchurch) v. Canterbury Farmers’ Cooperative association, claim £173 6s 4d. Mr Fisher for plaintiff, Mr White, with him Mr Kinnerney, for defendants. Mr FLher opened the case at length for the plaintiff. On the 4th October last the plaintiff by his agent, 0. W. Turner, sold to defendants 197 tons of coal, ex s.s. Prince Baudouin, and defendants refused to pay for them. In defence defendants asserted that the coals were sold by Turner as principal and on his qwn account, and that they had no knowledge of any principal behind him I that it was agreed between themselves and Turner that the value of the coals should be credited to him in his general account and that it was so credited ; further they said that plaintiff ratified and confirmed the arrangement by which the proceeds were applied to the payment of Turner’s debt to the defendants. The gist of the case to be decided was whether the defendants could take plaintiff’s goods for the purpose of paying Turner’s debt to them, with the knowledge that the goods belquged to plaintiff, Ho supposed defendants woujd

rely upon what they called confirmation of Turner’s action since this wrong had been done by him. C. W. Turner, merchant,Christchurch, stated that he sold to plain till 1415 tons of coal out of 2800 tons in the Prince Baudouin, to arrive in Lyttelton, and gave orders to deliver to Mr Hargreaves. Plaintiff could not get rid of all the coal there, and arranged with witness to bring the balance to Timaru and dispose of it there. He did not know how much coal plaintiff had received at Lyttelton. In all between 700 and 800 tons were brought from Lyttelton. Witness came to Timaru and arranged with Mr Inglis to take coal, telling him Mr Hargreaves was interested in it. The interview was merely introductory to a letter which he had drafted for Mr Inglis to sign. Mr Inglis seeme d satisfied with it, but after witness left he added something to it, charging the balance of the open account against the trust money for the coal. (Letter put in). Had a contract to supply coals to defendant, and had been doing so by the 8.8. Ardle. If these coals had not been taken would have supplied them by the Ardle; the special arrangement was made because these were not so supplied. Probably would not have delivered these coals without it. There was some conversation at Christchurch about transferring the charter of the Highland Forest to defendant, but the directors did not agree to witness’s terms. Did not suppose his English shipments likely to result in loss. The advances against them were only £2IOO, when they had coat £3500; thought defendants were taking too much care of themselves. The markets went down, however, and tho shipments turned out badly. When he explained the aftairto him Mr Hargreaves was very much annoyed. (Evidence on this point, as explaining Mr Hargreaves’ position, was ruled inadmissible.) Witness was cross-examined at some length.

W. H. Hargreaves, plaintiff, detailed the bargain he made with Turner, and its variations. He bought 1000 tons of the Prince Baudouin’s cargo for 15s cash (receipt produced) as soon as the steamer left Newcastle, on the understanding that she had only 2000 tons on board. Found out that she had 2800 on board. A few days later, Turner said he could place 400 tons at Timaru, and asked him to make an advance against the sales there. Befused to make an advance, but as Mr Turner wanted money agreed to buy 480 tons more, and paid for them there and then. (Receipt produced). When the steamer arrived witness found a difficulty in disposing of his 1000 tons, and Mr Turner suggested that the balance should be disposed of at southern ports, and as part of that suggestion he said witness could have the cargo of the barque Bells, 540 tons, then on the way to the Bluff, in exchange for an equal quantity in the steamer. Agreed to this, and instructed Turner to sell the balance on witness’s account, and remit the proceeds. When the steamer left Lyttelton she had over 600 tons on board belonging to witness. Received in Lyttelton only 238 tons 15 cwt. Was very ill at that time, and waited three weeks before seeing about returns. Turner called and informed him that he had delivered 197 tons 11 cwt to the defendants at 18s, and mentioned a small lot of 38 tons, and the Bells cargo 538 tons. These lots with -what he had in Lyttelton made up 1014 tons. Turner told him that he had the Association’s lot placed to a separate account in trust for him. Asked what was the object of that, when he was to return in cash Turner said that it would be perfectly right, only payment might not be made for a little time. Expressed strong disapproval of the way the coals had been dealt with. Asked what had become of the 400 tons not yet accounted for, and Turner admitted that under pressure he had sold them and used the proceeds Told him that the transaction was one that he did not care to give a name to, and no doubt Turner understood him. Wrote to defendants, and the reply was that the coal had been bought from defendant, and the account had already been dealt with. Saw Mr Inglis and told him it was not a very moral thing to take another man’s property to pay Turner’s debt, and asked him to put it that way before the directors, and let him know the result. The result was a letter saying the directors had considered the matter, and could not see their way to make him any offer. The case was then adjourned until next day. Wednesday, March 22. W. H. Hargreaves, the plaintiff, was cross-examined at length by Mr Kinnerney. He stated that he had previously assisted Mr C. W. Turner by buying coal from him before arrival, but he had never before engaged Mr Turner to sell for him.

Hr White, in opening the defence, said, as His Honour would have seen by the line of cross-examination, the defence was that the coal was sold by Turner as principal, and not in any way as agent for plaintiff; that the delivery took place ■tu pursuance of a standing contract with which plaintiff admitted he had nothing to do. Before the steamer came. Turner arranged by letter to deliver to defendant 300 to 350 tons of coal, from the Prince Baudouiu, and there was nothing said to suggest that anyone else had an interest in the coal. A smaller quantity, 197 tons, only was delivered.

C. H. Inglis, defendants’ manager, described the making of the contract with Turner in August to deliver coal from time to time to square his account, then £402 in debit, and ultimately, with reclamations on the shipments per Alastei and Halvor, the debit became £SOO odd. 250 tons were first spoken of, then 300 or 350, and witness agreed by letter to take the larger quantity. Fixed the time of Mr Turner’s interview on the 4th October, when he brought tjie letter about 5 minutes to 5, only a few minutes before the express left for Christchurch. Was exiled out specially to see Mr Turner, who wanted to get away to catch the train. Turner said he wanted him to sign a letter and handed it to him,. Turner said something to the effect that Hargreaves was assisting him in some way, and asked witness to sign the letter as a favor to himself. Turner said he wanted it to show Mr Hargreaves that he had transactions with the Association in the Alastor and Halvor—that he had something coming, and was likely to have something coming from those shipments. The interview lasted only half a minute qr a minute, as Turner in a hurry. (GrUmced pvim thq letter, and ' sai'd he thought he could sign it. The purchase money was placed to Turner’s credit in the books. Witness theu gave evidence of subsequent correspondence with plaintiff, and of an interview with him in Christchurch. In cross-examination the witness said he simply signed the letter because Turner wished it. Had not carried out the terms of the letter by opening a trust account. The reclamations on two Home shipments amounted to £2lB Is 7d. The latter with Turner’s own statements would imply that there would be some surplus to qqw to fuw. The wording of the

latter did not convey to hi? mind the i lea that Mr Hargreaves was the owner of the coal.

Mr Kinnerney then addressed tho Court for the defendants, and was followed by Mr Fisher for the plaintiff. His Honor reserved judgment until Thursday morning.