SUPREME COURT

Dominion, Volume 10, Issue 3098, 31 May 1917, Page 9

SUPREME COURT

SAWMILL WORKER'S CLAIM

VERDICT FOR £500 DAMAGES

In the Supreme Court yesterday, His Honour Mr. Justice Hoskiug and a jury of twelve resumed the hearing of tho claim for JUOOO damages made by AVilliam Bowley (sawmill worker, of Ilihitaihi) against AV. Booth and Co., Ltd. (sawmill proprietors, AVellington). Mr. P. ,T. O'ltegan appeared for plaintiff, and Mr. T. S. Noave and Mr. Ward for the defendant company. The claim arose out of an accident which happened to plaintiff whilo ho was driving a truck loaded with sleepers along the defendant company's tramway. Plaintiff's injuries were serious and permanent, and ho alleged that they woro duo to negligence on the part of his employers. 'Uio jury returned a verdict for plaintiff for £Ho!\ damages. Tho entering of judgment was deferred. CLAIM FOB COMMISSION. Before His Honour and a jury of four, Robert Angel], of Ghuznee Street, canvasser, claimed from Johnston and Co., of i Willis Street, publishers, the-sum of •C3OS lis. 2d. as commission. Mr. A. AV. Blair appeared for plaintiff, and Mr. P. J. O'Regan for defendants. Plaintiff- in his statement of claim alleged that on December 18, 3914, ho entered, into an agreement with defendants (who are publishers of subscription publications in various parts of New Zealand) to act as their agent. Tho agreement, which was in writing, and signed by both parties, provided inter alia that plaintiff was authorised to take orders for defendants, receive commission at tho rate of. ten per cent, of tho total faco value of each good order as secured and accepted by defendants, and also receive a. bonus of .£1 for every .£IOO worth, of orders per month and pro rata. From December, 1!)H, to the last day oi" December, 191G, plaintiff, as the authorised agent of defendants, was engaged in canvassing for orders for "Caxton's History of the Great European War." Tho history was sold at 10s. Cd. per volume, and, waa to he complete in eight volumes. The total faco value of each order thus amounted to four guineas. Plaintiff, while engaged as aforesaid, obtained in all 1137 orders. Of this number 26 were pronounced bad by defendants. The commission on 48 was to bo paid after delivery, and five orders were cancelled. There were therefore 10!)8 orders of the total faco valno of £'1143 125., on which, commission was due to plaintiff. Plaintiff bocamo entitled thoreon to commission at tho agreed rate of <£10 per centum, amounting to £IU 7s. 2d. Plaintiff similarly became entitled under the agreement to a bonus of .£177 15s. at tho agreed rate of £i per centum per month. Defendants had paid to plaintiff the sum of .£313 Bs., leaving a balance in plaintiff's favour of .£3OB Us. 2d. After making the aforementioned agreement, plaintiff agreed with defendants that in lieu of receiving tho whole commission and bonus as provided by tho said agreement on acceptance of orders, he would accept on account payment of half commission and bonuses- until tho fourth volume was ready for delivery; then the whole balance of commission and bonuses was to ,l)o paid to plaintiff.. Tho fourth volume was delivered in October, 191(1, and tho wholo balance of commission and lionuses- was therefore payable to plaintiff. .Defendants bad refused to pay the said commission to' plaintiff, and plaintiff therefore claimed .£3OB Us. 2d. and interest to* tho date of judgment. -

Defendants allowed 'that they paid to plaintiff in respect of tho four volumes published the sum of .£327 os. sd. Tho said payment Was .£2G 7s. 7d. in excess of defendants' liability to plaintiff to dale, but was otherwise in strict accordance with the terms of their contract. They admitted that they would be liable to pay plaintiff further sums by wav of rommisiion and bonus in terms of their .contract, if and when further volumes of the work should have Vcn published. Tlvidewn v- a'-. l"\ird, and the case was adjourned till to-day.. MAGISTRATE'S COURT Yesterday proved to bo a very quiet day at the Magistrate's Court, although several cases were listed. Mr. L. G. Reid, S.M., was on the. bench. Albert" ICaiti AViig was remanded until t6-dny on a charge of committing bigamy, and Walter Newall and John Turner, tho former charged with stealing four bags of Jlour and tho latter with receiving same, were remanded until Tuesday next on bail. For insobriety, Eva Grell was fined 205., in default seven days' imprisonment, nnd two,first offenders were convicted and discharged.