SUPREME COURT

Dominion, Volume 9, Issue 2695, 15 February 1916, Page 9

SUPREME COURT

WITHDRAWAL COMMISSION

An interesting point of law was argued in a civil action heard in the Supremo Court yesterday before llis Honour Mr. Justice Chapman. The plaintiffs were Charles Clilton Osmond, Cordon Osmond, and Henry Osmond, ali farmers, of iuasterton, w'hile the defendants were Dalgety and Co., Ltd., stock and station agents, of Wellington. Mr. T. Neavc appeared for the Osmonds, while Mr. C. P. Skerrett, K.C., with lum Mr. R. Kennedy, appeared for Dalgety and Co., Ltd.

The claim* was for £32 10s., withdrawal commission paid by the t .plaintiffs to Dalgety and Co. under protest. . According to the statement of claim, the plaintilfs obtained an advance of money rrom Dalgety and Co., and as security for this an instrument was prepared between tlie parties, whereby plaintiffs transferred to Dalgety and Co. certain s-toek. In the instrument it was provided "that in case the grantor shall desire to pay off the moneys hereby secured at any time either before the wool of the next ensuing clip shall have been delivered to the grantee (the defendant company), or before the sams shall have been covered by a wool lieu, then the grantee shall be entitled t,o be paid, and the grantor covenants to pay to tlie grantee in addition to all other moneys hereby secured or intended so to be. a withdrawal commission at the rate of £2 10s. per centum on the local market value of the said clip of wool." In Juno of last year the plaintiffs desired to repay all the moneys then owing under the instrument, and requested the defendant company to execute a release thereof. The defendant company executed the release, but claimed, in addition to other moneys, a sum of £32 10s. by way of withdrawal commission. The plaintiffs disputed the claim, but on June 24, 191 d, m order to obtain tho release they jjaid the amount under protest, and without prejudice to their right of action to recover The plaintiffs urged that the provision as to withdrawal commission could not operate at the time they desired to repay because the defendant company had not requested them to execute a wool lien,' and that plaintiffs in fulfilment of the terms of the instrument liad duly delivered to Dalgety and Co. tho wool clip referred to. They held, further, that if, as the defendant company contended, the covenant purported to bind the plaintiffs to pay a withdrawal commission in any event, it was uot enforceable as it would bo a clog upon the plantiffs' equity of redemption. Defendants relied upon the terms of tho instrument to enforco their claim for the commission. - After hearing legal argument, His Honour reserved decision.

THE LIQUOR LAWS

AN IMPORTANT DECISION. (By Telegraph.—Press Association.) Dunctfin, February 14. Mr. Bartholomew, S.M., gave his reserved decision on the point raised by tlio police during the hearing of charges alleging the supply of liquor to a person apparently under twenty-one years of age, as to whether tho publican is not responsible for tho acts of tho barman, though the latter acted contrary to instructions, even if the publican himself is present in the house and exercising a general control over the business. Mr. Bartholomew said in his opinion the charge against the licensee for supplying could only be supported when the supplying is a personal act of the licensee or his delegates. Defendant had given express instructions to the servants not to supply liquor to persons under age. If the licensee's authority was not delegated he was only liable for the supply which he allows. Therefore, there must be knowledge or connivance on his part. In tho present case the defendant was engaged in the active conduct of his business, and could not be held to have delegated bis authority to the barman. Tho case against the licensee was dismissed. \

YOUNG WOMAN'S LAPSE

CASE OF OGNSTANOE MOON. Christohurch, February 14. In the Supremo Court, Constance Moon, aged 22, appeared for sentence on a chargc) of forgery and altering a bank pass book while in the employ of the Tourist Department. Mr. J'ustico •Stringer said he could see nothing more calculated to induce this sort of thing th;»n to have a father in charge of an office with his daughter as his chief assistant. However, he believed the case was one of sudden temptation. Accused was ordered to come up for sentence when called on, and to pay £5 ss. costs.

AUCKLAND SESSIONS

A LIGHT CALENDAR, Auckland, February 14. At the criminal session of the Supremo Court, Mr. Justice Hosking commented on the light calendar, there being only fourteen indictments. He said there appeared to he a similar diminution in Supreme Court cases throughout the Dominion. The people had been instructed to practice economy, and it was satisfactory to note that the practice of economy had resulted in a decline of crime.