THE LICENSING LAW.

Timaru Herald, Volume XIIIC, Issue 14140, 25 February 1910, Page 2

THE LICENSING LAW.

A GERALDINE CASE. At Geraldine last week John Ken- ' nedy, an employee of the N.M. and A. j Coy., at Geraldine, was charged with ! unlawfully selling to Michael Scully one keg of beer on December 23rd, 1909. After evidence had been given the case was adjourned to Timaru for legal argument, and it came up yesterday morning before Mr V. G. Day, S.M., Mr Johansen appearing for defendant. The case really hinged on the following, which is a copy of an order sent by Mr Scully to the N.M. and A. Coy., Timaru:—"Geraldine, 11/12/09. The Manager, N.M. and A. Coy, Timaru. Dear Sir, —Kindly send me out one ten gallon keg of Hole's beer. Please send it addressed to me in care of Mr John Kennedy, your Geraldine agent, whom I shall pay when I take delivery. Yours faithfully (Sgd.) Michael Scully." Mr Johansen spoke at some length, quoting numerous decisions in previous cases of the kind. He argued that there was not the relationship of seller and buyer between Kennely and Scully, and that Kennedy simply received the money as servant of the Timaru seller. The evidence clearly established a sale by the N.M. and A. Coy. to Scully on December 18th, and therefore Kennedy could not have sold the keg on the 23rd. Summarised, the result of previous cases of the kind was that a simple order to a brewer to forward beer authorises him to deliver it to a carrier or other agent of . £he customer who mav even be the ; brewer's own carrier. Therefore, the sale in such cases as these was complete as soon as the beer was so delivered.' Mr Johansen contended that the property must pass when it was given into the hands of the carrier. Mr. Day: "If what you argue is law, a firm could sell lienor wholesale in a no-license district. The sale in this case was not complete until the keg was handed over to Scully." Mr Johansen said that Kennedy was only an agent in the matter, and there was no assent between Kennedy and Scully. The former did not own the keg or its contents. The fact that Scully paid for the railage as a separate item suggested that the de->! was made at Timaru."

His Worship announced that he would take time to consider the case before giving his judgment.