MYTHICAL VOYAGE.

Waikato Times, Volume 113, Issue 18946, 16 May 1933, Page 4

MYTHICAL VOYAGE.

OVERSEAS PASSAGES.

HAMILTON MANAGER LIABLE.

JUDGMENT FOR PLAINTIFFS.

Reserved judgment in favour of plaintiffs was given by Mr F. 11. Levien, S.M., in the Hamilton Magistrate’s Court this morning, in the case heard last week in which Misses V. and D. Briggs, of Hamilton, claimed £lO from Ira Douglas Stewart, clerk, of Paterangi. Mr A. L. Tompkins appeared for the plaintiffs, and Mr C. L. Mac Diarmid for the defendant.

Mr Levien said it was admitted that defendant was Hamilton manager of Overseas Passages, Limited, and that plaintiffs paid him £lO as deposits on two passages to England. It was further admitted that the money was paid into defendant’s account at Hamilton with other moneys paid in on the same basis and used for office expenses and salary, and that nothing had been done by way of reserving a ship to carry plaintiffs. It was also admitted that the alleged limited liability ‘company was non-existent at the time the contract was made and was still non-existent. Representations were made by the defendant to plaintiffs that he would accept the deposit and book them in for a passage, that in due course passage would' be allotted and the ship would sail. If it did not the money would be refunded.

Representations False.

“Since then plaintiffs have discovered that the representations made to them about the limited liability company were false," added the magistrate. “ The only evidence before me sought to establish the innocence of defendant in the matter. It was suggested to me • that that would excuse the defendant from liability. It appears that defendant was just as much the dupe of Harold Brownrigg as plaintiffs were.” His Worship quoted legal authorities upholding the contention that the 'agent, though innocent, was liable under such circumstances.

Judgment was accordingly given for plaintiffs for the full amount claimed. Leave to appeal was granted. J