SUPREME COURT.

Hokitika Guardian, 25 September 1922, Page 3

SUPREME COURT.

.MONDAY, SEPT 23. ( Before llis Honor, Mr Justice Adams Continued from front page). AN ADJOURNED hearing. Pine Mills Ltd. '.Mr Sargent and Mr Piikingtim) V. Orr Bros (Mi Park and Mr Murdoch), contiuuatioii of claim, partly heard at last sitting. llis Honor statisl this ease was adjourned at last sitting to allow an aniciiilnviil hv eaunsel lor plaintiff. Mr Sargent said that lie had understood that the ! oiirt was making the amendment.

Mr Murdoch stated it was distiilotli iiiiiler.-tmill that the plaintiff was to amend, and this had lint yet boeii done. He asked whether lie bad to defend on contract or torts.

Mr Sargent said it was not for him lo sav what. the de re nee should be. tintl must be decided on the evidence whether il was in contract or torts. Mis Honor thought the case should go. and the matter of costs lor the adjournment must be met mainly by the plaintiff. Mr A[urdoch then opened the case for the defendant. the evidence for the ■Jainliff having been given at last sit-

ting. Francis Samuel Orr deposed he was a motor lorry proprietor. Pine Mills Ltd. owed them C 123 os (id tor carting etc. Ml Fred Wliiley. the general malinger of the Company emploved I hem. Agreed with Wliilev as to price. No one hut Fred \\ 1 1 iley dealt with 1 hem as to price. Proceeded to do the carting in accordance with the eoniraet. ’ Saw Wliilev about the account which was mounting up. He said the ( 'ompnnv was financial and the amount would hi- paid. Witness did not get a ir l miv of the account. Witness told Whi Icy that they (Orr Bros) could do with certain quantities of timber, and rsked Wliilev if they could take a certain amount from the skids at the roadside. This was during October IP2I. 1-1 ad rendered an account for ,!_•-!<) at this time, and it had gone up to ovgr C3II. Asked Wliilev if payment would he taken for the timber oil their account and he said yes. Also asked Whiley to instruct the yardman to give delivery and he said he would. This conversation took place near the skids on Gibson Quay. It was tinder-

.'•h od that the price would be the current crie - fix 'd bv the Association. As a result of that conversation lie spoke to tie yardman, Mr Coehrnne, working for Pine Mills. Asked Cochrane if Whiley had spoken about supplying Orr Urns with timber and Whiley bad told him lie could supply them with

rnv timber ns long as it was not on order. The timber they received was din x Jin. It was a first class timber, hut was not in much demand. Termed it clean white pine small. Previously he had written to Whiley about payment. lie sent in a first account . lor (Mil and got no reply. Also-had asked Whiley to draw up a proper contract form which he promised, but "'liieli he failed to do. hater he rendered a further account for CBS Is 6d. with a covering letter asking for payment. This was addressed to Christchurch. In reply got a letter from Air Ou.irtermain, promising a cheque by P'c following mail. The cheque did not ' nine to hand. Quartennain was in llckitika on Dee. 2nd and 3rd, but did not call on witness. This was about a ''mtnight after the cheque was promised. .Mr Fred Whiley called at witness’ house on 2nd Dee. about 9.30 p. in -, and told witness thnt Quartermain was at Keller’s hotel, and w(tntec|

to see him to pay him. Got his broi tber and went to Keller’s hotel and was informed by Mr Keller that Quarterniain was in bed. The following morning went to Keller’s hotel at 7 o’clock to see Quarterniain. Asked him why lie had not sent the cheque. He said lie bad made out the cheque [•ml then found there were not sufficient funds, and tore it up. At Keller’s hotel was introduced to -Mr Williamson, Chairman of Directors of Pine Mills Ltd. Told Quarterniain that they could not go on with the carting unless they got paid. Quartermain told Williamson this when witness was present. Quarterniain said that lie would give an order on the timber for payment, from Wild and Robertson. Williamson hoard the promise of an order, and agreed to it. Told them lie would hot do any more carting till the order arrived. Expected it to arrive on the Tuesday night, being assured of this by Quarterniain, hut it did not arrive, up to Bth Dee. With his brother, decided to exercise the right the General Manager had given.to purchase timber. On fith Dec. went with his brother to Pine Mills skids. Mr Cochrane, the wnrdmnn, was there. Asked him if there were any orders in for Jin x -Jin timlier and he said there was not. ‘ Decided to purchase the lot there, about 13,00!) to 1(>,()00 feet. Told Cochrane he would buy that timlier, ami asked him to make a tally of it. Cochrane said yes. Cochrane said Wliiley had told him to supply them with any timber they required. This was about 3 p.m. It was a common usage tor their lorry to be on the road, up to (i and / p.m. On Dili Dec. Cochrane assisted witness to load the lorry. They never at any time loaded any timber except when the yardman was present. There was other timber on the skids, wide hoards I'm- \\ ii«.l and Robertson's orders. There* was about 13,300 leet of timber at 13s per 100. Gave credit for 1(5,000 feet. L'l2o, hut they found later they had over stated the amullilt. Oil the oth took away about *OOO feet. We took possession of the whole stack ok the bill, asking Cochrane if it would be in. tile road to leave it there in the meantime and lie said it would not. Later on when he heard the Company had gone into liquidation he went to his solicitor and later removed the balance of the timber to his own property. Remember later Johansen having a letter signed by Quarterniain purporting to confirm the sale of the timber by the liquidator. Witness did not agree to this. Quarterniain did I not ever suggest that the Company was going into liquidation.^ To .Mr Sargent:—ft was always the practice of the yardman to assist in the loading. Witness as far as he knew, said they were the only ones carting. Johansen had some supervision over the mill. Witness never consulted Johansen at any time. Always took the tallies from thr yardman. Never saw Johansen take any tallies. Told the yardman on the !lth he would take the ( liinb"r, ami would remove one load of it then. Oiiarterimiin offered the or- ’ dor on Wild and Robertson. On I2tli 1 Dec. received tin- order, dated St 1 1 Dee. After receiving the order commenced to cart the remainder of the order, i There was not much left. On 3rd Dee. 1 Quarterniain stated the timber bad been sold to Wild and Co., but the order stated it bad been sold oil ‘lie Sth. The telegram of the !!tb stating . would not cart further till i>aid arrears. Init that did not affect the timber thev had bought themselves. The yardman assisted to load on the 13th. he bad not knecked off. Saw Quartermain and Streeter on Kith Dec.. The former said as witness came along. 1 ere you are, what do you mean stealing our timber. Witness denied having stolen any timber. Quartermain said yes you did. Wlmt are you doing with that timber in the shed and oil the ground at I honisons. A\ itness said he had bought it. Quartei main said he could not do that. Witness said he bought it from the general manager. Quarterniain said he would give him a quarter of an hour to put it on Pine Mills skids or ho would give witness in charge. Witness said go ahead. Quarterniain was very indignant indeed. Asked Qiiartormain if he would conie along and make these ftatoments to witness’ solicitor and he said no. Saw Ouarterinain about three hours afterwards and he asked what witness was going to do about the timber. Witness said keep it. Quarterniain said he told what he was going to do. Witness said very well and Onarturinnin went away in the direction of the police station. Witness did not see him again. On 13th December saw Quarterniain in the Dominion hotel and lie said the Company had - gone into liquidation and he would je-vo to prove with the other creditors. He insisted on payment by cheque because they preferred to bo paid instead of taking it out in timber. Did not mention the buying of limber to Quarterniain early in December as he bail promised to send a cheque. The Court adjourned at 1.10 till 2.13 p.m.