LAW REPORTS

Dominion, Volume 10, Issue 2895, 6 October 1916, Page 9

LAW REPORTS

FULL COURT \ l i CASE ON APPEAL ! i WHAT IS A WHOLESALE ! LICENSE? i Before tho Full Court yesterday a , case which had been removed from ! Napier camo up for argumont. On tho i Bench were:-The Chief Justice (Sir Robert Stout), Mr.-Justice Edwards, Mr. Justico Cooper, Mr. Justice Chapman, and Mr. Justice Sim. It was a general appeal from, a decision of Mr. S. E. M'Carthy, S.M., Napier, who convicted John Clingan Bryant, merchant, of Napier, for a breach of Section 195 of the Licensing ' Act. Tho case was important as it affected several matters relating to wholesale licenses. An appeal was originally made to the Supreme Court, and by direction of Mr. Justice' Edwards was referred to tho Full Court for argument. At tho hearing before the Magistrate the evidenco for the prosecution was that a constable wont to defendant's shop, which boro-tho sign, "Wine and spirit merohant," and asked to be supplied with one dozen of Manning's ale. Tho defendant (Bryant) said he could supply the beer, but that he only acted as agent for Warren, Smith and Co. (of Port Alrariri, Napier). The -order was accepted, and the liquor was paid for and delivered to the constable's house tho following morning. Tho beer was delivered on January 19, and the sergeant of police who laid tho information stated that up till September, 1915, Bryant and Co. had been the holders of a wine and spirit merchant's license, and it was contended that the defendant Bryant committed a breach of the section referred to by assisting Warren, Smith and Go. to sell liquor at a place where they were not authorised by their , license to do so. The Magistrate held that a breach of the section had been committed, and imposed a fine of £20, with costs.. At the hearing of argument yesterday, Mr. C. P. Skerrett, K.C., with him Mr. W: C. Sproule, of Napier, appeared for the appellant, and the. Solicitor-General, Mr. J. W. Salmond, for the respondent. ' Mr. Skerrett, for the appellant, said that the questions involved were:— • (1) Did Bryant enter into a contract with-the constable? . ' (2) Was such contraot. entered into with tho authority of Warren, Smith and Co., tho holders of the license?. (3) Did Bryant merely receive, as agent for Warren, Smith and Co. (who took over, the wine and spirit portion of Bryantjs business), the order, and transmit it to Warren, Smith and Co., who accepted it, and by whom the beer was appropriated to the contract P . Argument had not concluded when . the Court roso yostcrday.