AN INTERESTING CASE.

Press, Volume L, Issue 14888, 30 January 1914, Page 2

AN INTERESTING CASE.

f \ DEALING WITH LAND EXCHANGE SYSTEM. (special to "the press.") "WELLINGTON, January 29. Mr Riddell, S.M., delivered an interesting judgment in the case W. J. Gibson, laud agent, v. Esson and Co., claim for £81 ss, commission in respect to the exchange of certain properties effected by plaintiff between defendants and a man named Knight, for whom plaintiff was also acting as agent as well as for defendants, and from whom he was also receiving commission. When the case waa heard, plaintnx' produced a document signed by J. W. Esson, a member of defendant's firm, agreeing to a pay a commission rate of li 1 per cent, on the exchange. Defendants contested the claim on the ground that at the time of agreeing to pay this commission they wore unaware that plaintiff was receiving a commission at the rate of 2j per cent, from Knight, tho other party to the deal. In giving judgment his Worship said that the principle had been laid down that if the vendor did not know that his agent was receiving commission from the person purchasing tho property at the time when he appointed the agent, then the agent would not be entitled to eucceed in a claim for commission. In the case tinder review there had been a good deal oi evidence of a conflicting nature, and. defendants had relied on a mere denial of their knowledge that plaintiff was receiving commission on the deal from Knight, while plaintiff produced some documentary evidence to.show that defendants had the knowledge which they denied. The preponderance of the evidence was in favour of the plaintiff, for whom judgment was given for the amount claimed, £81 ss, with costs £7 7s.

THE COAL SUPPLY. ■ ■ r _«. , . HEAVY IMPORTATIONS. ANOTHER EXAMPLE OF RED FED. FOLLY. (special to "the press.") WELLINGTON, January 29.. With the arrival of the coal-laden steamer Knight of the Thistle from Calcutta, approximately 134,000 tons of coal have been imported into New Zealand from • Newcastle and distant countries within the past three months, the recent strike being responsible for such a large importation. Special enquiries made by an "Evening Post" representative give the following list of vessels which have arrived in this country:— Vinstra (from Newcastle), 6500 tons; Maisie (Delagoa Bay), 6500; Kilbride (Newcastle), 5000; Kwanto Mara, two cargoes (Newcastle), 10,000; Twickenham : (Newcastle), 6500: Sverre (Newcastle), 11,000; Thode Fogclxnd (Newcastle), 5300; Harflete (Newcastle), 1 7400; Boveric (Newcastle), 6000; Brisbane (Newcastle), 1100; Titania, barque (Newcastle), 1850; Waitemata (Newcastle), 5000; Ngatoro, Ngakutu, and Ngahere (Newcastle), 8000; Queensland (Newcastle), 2500; Whakatane (Newcastle), 2000; Achlibster (Calcutta;, 6500; Strathden (Calcutta), 6500; Border Knight (Japan), 65O0; Hans B. (Delagoa Bay), 6500; Hornsfels (Delacoa Bay), 6000; Knight of the Thistle (Calcutta), 10,000. Cargoes by the Den of Wini, which is bringing 7000 tons from Calcutta, and by the Rags , (6500 tons from Hull), will probably be the last of the far oversea coal. The Htercules, the Inga, Waipori, Ngahere, and Twickenham are all on their way from Newcastle. The Red Fed. strike leaders, when they began the strike, assured ' their dupes that tho Defence Committee would be unable to get coal so long as the New Zealand miners held out, and ecouted the warnings of the committee tp the contrary. They claimed that the strikers could win "with folded arms' on this account, and that they would speedily have New Zealand on its knees. The above list, which represents the provision made, is on© more example of their folly.