MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2543, 2 July 1909, Page 2

MAGISTERIAL.

THURSDAY JULY 1. Messrs A. J. Wallace and John Somervell, J.IVs were tlio presiding justices at the Police Court yesterday morning. ' DRUNKENNESS. A first offender who admitted being drunk on Wednesday was fined 5s with 2s costs in default 24 hours’ imprisonment, and a first offender who did not appear to answer a similar charge was ordered to forfeit the amount of his bail, £l. ’ . CIVIL CASE. In tbe civil case of Messrs. Clark"and Nicholls (Mr.. J. It. Kirk) v. Joseph Goldsmith, claim for £1 17s 6d, judgment was ‘ given for piaintff with 17s costs. SALE OF POTATOES. Walter Melbourne Moore sued Messrs. Lawrence and Co. for £l2 11s oil va.ue of quantity of potatoes sold and delivered.' Mr. F. "W. Nolan appeared for the plaintiff and Mr. W. L. Rees for the defendant. . , . Mr ltees said the potatoes were, sold to W. J. P. Gaudin and Co., whereas Laurence and Company had been sued. The firm of Lawrence and Company was not in existence when the sale was al- j leged to have taken place. Mr. Law- . renco wan in the employ of Gaudm and Company when he agreed to buy the potatoes from the plaintiff. Mr. Nolan submitted that be was entitled to prove his case and Mr. Rees could raise any ■ objection he wished in his defence. The p.aintiff said that on March Joth last he agreed to sell some potatoes to the defendant. He had a letter setting out the conditions of sale. Mr. Rees submitted that the letter constituted a contract and should be produced. Mr. Nolan said lie could not produce the letter. Mr. Rees: Then the case cannot proceed. ■ Mr. Nolan agreed thgt Mr. Rees should put in a copy of the letter which lie said was from Gaudin and Co. . . -Tin The plaintiff, continuing, said he sold the potatoes to the defendant, and the delivery note was signed Lawrence and Co. Mr. Lawrence told him prior to the sale that he had gone into partnership with Gaudin and Co. Mr. Nolan said he would make_ application to hare Gaudin and Co. joined as a defendant. Mr. Rees said the whole point was that Lawrence and Co. did not exist when the sale was made. The Bench inquired if defendant was “acting as an agent* for Gauin and Co. when he made the deal. Mr. Rees submitted than Lawrence ■was then an agent for Gaudin and Co. The Bench: Then the principal is responsible for the act of his agent. Mr. Rees: Why should Lawrence and his partners be held responsible for Gaudin’s contract? Mr. Nolan submitted that he could either go on with the case ox 30m 'Gaudin as a defendant. The Bench decided to 30m Mr. Gaudin as a defendant in the case. Mr. Rees asked that the plaintiff be non-suited on the grounds that tlio contract was not lhade with the defendant. The Bench refused to grant a nonsuit- and adjourned the case until July 16th. CLAIM FOR COMMISSION. John Godfrey (Mr. Coleman) sued James O’Dowd (Mr. Blair) for £2 10s commission on the sale of a boaidmghouso in Grey Street. The plaintiff said lie had dealings m regard to the purchase of a boardinghouse from Mrs. Bushby. He went to the boarding-house and wag introduced by O’Dowd as his agent. Witness arranged with both parties for the sale of the "place for £35 and defendant went with witness to the house, and tolcl Mrs. Bushby he wou d take the property. but refused to complete the sale. Witness therefore claimed his commission. Neither party signed the sale note. . . _ Rose Bushbv said that in January last defendant wanted to purchase her boarding-house. O’Dowd introduced Godfrey as his agent, and said he was willing to give her £35 for the business. O’Dowd said he would pay over tbe money next morning. The defendant said that in January last he was told Mrs. Bushby’s board-ing-house w; s for sale. Godfrey introduced himself into the business and witness thought-he was only trying to get a few drinks out of it. He did not promise to pay plaintiff any commission. He knew Godfrey was down on his luck and he intended to give him a few shillings. He did not see any sale note nor did he agree to buy the place for £35. To Mr. Coleman: He would swear that no sale note was read over to him. He did not make any excuse for not completing the sale. He did not think Godfrey wanted commission but only whisky out of the deal. William M. Swinton, clerk for Gaudin and Co. and formerly clerk for Mr. T. G. Lawless, said he had Mrs. Bushby’s property for sale at £lO5. He had never offered the business to O’Dowd for £35. , „ Mr. Blair explained that the defendant had a mortgage over the place for £7O. Judgment was given for the plaintiff for 17s 6d with costs £1 3s 6.