A Deal In Oats.

Taranaki Herald, Volume L, Issue 12538, 25 April 1904, Page 5

A Deal In Oats.

CASE BEFORE LOCAL COURT. A defended case was heard in the 5.31. Court this (Monday) morning. A. S. Patterson and Co., of Wellington, sued A. E. Hardy for value of 100 sacks of oats supplied. Mr Kerr (Standish and Kerr), instructed by. Dr. Findlay, appeared for plaintiffs ; and Mr F. Richmond for the defendant* The defence was that Mr E. Hardy, who was manager for Hardy and Co. up to ihe end of 1903, had ordered the goods -foe himself,, and not the Company. Mr KeiT called, . ••"> F.. C Jack, traveller for Patterson and C 0. ,. staged on September 22nd last he was introduced to Mr. E. Hardy -as the new/ manager for Hardy and Cq. Previously -he had dealt with Mr Albert Hardy, a member cf the firm, who had gone away for his health. E. Hardy ordered 25 sacks of oats for the firm, and asked him to invoice the oats in the name of E. Hardy, as he had decided to conduct the business in that way. These oats were paid for. On October 28th { he called again, and got an order for lOQ sacks. This was at the office in Liardet-street. He invoiced them es before. His firm now claimed for these oats. On November 3rd his firm supplied flour which was also sent the same way. A second lot of flour on December 22nd was also sent. These los of flour were paid for. They were By Mr Richmond : He arranged with Hardy to store flour and to supply flour to people on witness' order. When he got the order for 100 sacks E. Hardy did not say, "Remember these are for myself, and not the firm. Walter Bewley, auctioneer and commission agent, stated his firm sold oats on E. Hardy's instructions, and entered the transaction to Hardy and Co. They got 30 or 40 sacks, and gome were sold, but on account of Sir Jack communicating with nun tn«! moneys were held by his firm. j This was the plaintiffs case. Mr Richmond called, Alexander Gray, who had been a carter in Hardy and Co. s employ. B* remembered Mr Jack calling in October last. He, went to the office for instructions, and saw Messrs Jack, E. Hardy, and E, Clarke in the office, who jure looking af a sample of oats being shownV Mr Jack Hardy ordered 100 sacks of oats, stating he thought ho could do business if the oats were a good line. Witness' opinion was asked as to the quality of the nats. Jack asked how the oats were to be booked, and Hardy said to i^ B^Hardy said that the oats would be his own private affair. 100 sacks came to hand. The Court here adjourned till -5 O'clock. _ m^^^ m — m^^ m^mmm^m ' i