SUPREME COURT

Dominion, Volume 13, Issue 212, 2 June 1920, Page 8

SUPREME COURT

TRANSACTION IN SHEEP.

| • \ Mr. Jußtice'Salmond yesterday heard a claim for £481 193., preferred by Dalgety and <C Mi. and, Frederick Brittain i. Lowes, of Eongomai, against Harold W-il-i ]iam irown, merchant, of Wellington, and ■ George Neich, of Olarevillc, carrying on ■ business in\partnersh'ip. . 1 Mr; 0. P. Skorrett, K. 0., with Mr. A. ! / Pair as junior counsel, appeared for the ' plaintiffs. Mr. D. M. Findlay represented ;■ the'defendants. ■" . ', . ' v The statement, of claim alleged ,that ■ '-■■ prior to .February 7, 1918, Messrs. Dalgety and Co. received instructions from Lowes to sell on his behalf 357 ewes at 275. each. ■ The company instructed William Henry Tubman, one of its servants, to endeavour ;■' to effect the sale for Lowes. Also beforo 1 February 7, 1918, Neich and. Brown auI thoriscd and instructed Tubman to purchase on' behalf of the partnership any ! lines of stock that in his opinion would yield the partnership a profit.. -Tubman '• on behalf of" the partnership purchased ;' ■ tho ewes at 275. each for delivery on Feb- ! Tuary 27, and, on tho samo day. or on the ; ' day following duly reported tho puri ohase to Neioh, who on behalf of tho

i . partnership ratified and confirmed it. On ; - February. 27 Tubman received the ewes, i':." and reported their receipt to Neich, who, i-' on behalf,of tho partnership, instructed j ..him on acoount of the shortage of grass to resell tho. ewes at tho next Eketahuna ,', sale. According to contract, and.tccord- '. ing to the recognised course of dealing, > .Dalgety, and Co. for and on behalf of the Noioh-Browu partnership, thereupon ! paid to Lowob the purchase price, £481 r-'. 19s. When Dalgety and Co. demanded from tho partnership payment of tho said ; sum, tho partnership failed to pay. Tho company therefore sought to recover the amount.- -,- - i ' Tho defendants denied that Tubman was ! authorised or instructed to purchase or i tako delivery of stock on behalf of either of them or of tho partnership. They stated that they did not know whether Tubman purchased tho ewes as alleged in the statement of claim. They denied, however, that he purchased tho ewes upon the authority of cither of them, that ho at any time reported the purchase to Neich on behalf of the partnership, or that Neich ratified tho purohaso. ■ Tho oasowas partly heard yesterday, '.' '*nd was.then adjourned till to-day. PENALTY FOE ATTEMPTED ABSON. By TolagrniDh-Prjiß AHnoiatlon. 1 !'■ Aucklandi June 1. ; At the Supreme Court, George Eoussell ;■■■ tfas fouad guilty of attempted arson at !. ■.. Hikurangi, with a strong recommendation :. to morcy on the ground that accused wa6 | well behaved when sober. He was sen- ! tenced to eighteen-months' imprisonment ; with hard labouj.