An Important Case.

Feilding Star, Volume XVII, Issue 264, 13 May 1896, Page 2

An Important Case.

o (Per Press Association.) Wellington, May 12. The case of Trengrouse and Co. v. Official Assignee in Steed's estate, an appeal from the decision of Judge Dennison, was argued in the Court of Appeal this afternoon. The Central Dairy Company, carrying on business near Christchurch, appointed one Steeds their agent to sell their butter in London, the arrangement being that the Company should draw on him at 30 days' sight up to 9d a pound against the shipments. Steeds was to receive a commission of 5 per cent on the proceeds for hia services. Steeds, finding himself unable to dispose of certain shipments in time to enable himself to take up the drafts, made arrangements with Trengrouse and Co. that they should take up tne drafts and take over and dispose of the shipments, they to receive 3 per cent out of the 5 per cent payable to him. Certain shipments dealt with by Trengrouse and Co. in this way realised less than the amount of the drafts against them taken up by Trengrouse and Co. Before the deficiency was made good by the Dairy Company, Steeds became bankrupt. Trengrouse and Co. gave the Dairy Company notice that they claimed payment of the deficiency to themselves direct. Ultimately the amount was by arrangement paid by the Dairy Company to the Official Assignee as stakeholder, he to hold the same for Trengrouse and Co. in the event of their establishing their claim. This action was then commenced to determine their right. Judge Denniston held that Trengrouse and Co. could not recover on the ground that there was no privity between them, and the Dairy Company and Trengrouse and Co are now appealing for their decision. Argument had not concluded when the Court rose.