SUPREME COURT.

Hokitika Guardian, 25 June 1925, Page 2

SUPREME COURT.

SITCTNGS AT HOKITIKA

, WEDNESDAY, JUNE 21th. (Before his Honour Air Justice Alpcrs.) His Honor took his seat at 4.10 p.m. IN DIVORCE. Minnie Aloriarty applied for a dissolution of marriage with .Michael IT. Aloliarty on the grounds that the respondent was a person of unsound mind. Air Alurdoch appeared for the petitioner and’Air Kitchinghnni for the Solicitor-General. The petitioner. Minnie Aloriarty, deposed she resided at AYoodstock and was the wife of Michael H. Aforiarty, who is now in the Mental Hospital at Hokitika. Was married on July 12th, 1915. There was issue of three children. A copy of the records of the .Mental Hospital affecting respondent was handed in. To Air Kitrhingham—For the first year she had a superannuation allowance. Then kept herself, till she received the widow's pension. She had no property.

James Wliitton. Medical Sui>eriiiteiident of the .Mental Hospital. Hokitika, said the respondent was a patient. He. had hern a patient for nearly ten years and was unlikely to recover.

John Brnee-Baird, medical practitioner. cf Hokitika deposed that for a period he acted as medical superintendent of the Mental Hospital and knew respondent. TTe did not think there was any possible chance of re-

A (Keren nisi was granted to be made absolute in three months, with custody of the children. WM JEFFRIES V. JOHN CRON. This was a claim hy Win Jeffries of Hokitika, against John Cron, of Oktirtt for damages hy a breach of contract in regard to the sale of about LIO head of cattle.

Mr Thomas (Christchurch) with Mr White (Christchurch) appeared for ATr Jeffries and Air Alurdoch with Mr Hannan for the defendant. THE PREVIOUS HEARING.

The case was partly heard at the. last sitting of the Court before Aft' Justice McGregor. At that sitting after the evidence for plaintiff had been closed. Air Hannan had raised a non-suit point as the plaintiff had not disclosed himself to the seller, as the purchaser. His II umir (Mr Justice AfeGregor) staled that he did not think ho should nonsuit at this stage. The evidence showed that Jeffries was not the pur-

chaser. the purchasers being Jeffries and Neville, lie was going to adjourn the hearing to the next sitting, plnint'lf being allowed to apply for Neville to he joined as co-plaintiff, lie thought by this means justice would he given to both parties. THE PRESENT HEARING. In accordance with the suggestion made at last sitting, application had I veil made to join Yt’illinm Jeffries and Charles S. Neville as co-plaintiffs. Mr Thomas in re-opening the case referred on similar lines to his opening address to the Court at the previous hearing, lie said that the plaintiff, Wm Jeffries and Charles S. Neville are t!;e holders of a lease at' Poerua, South Westland, and they instructed a man named Wallace to go south to huv cattle to stock the area. Wallace went south, visiting several settlers, and ultimately saw Cron, and later a contract was entered into to lmy 100 3-yoar-old bullocks and 40 to 50 3-yenp old heifers. Lengthy correspondence between tlm parlies was put in, ill which an agreement to sell was reached. and that later Cron hail cancelled the sale. The claim was for £2 10s ner head for the bullocks and £4 per head on the heifers. Air Thomas then asked to recall J. R. AVallnre for additional evidence. John Richard AYnllaco. deposed he gave evidence in this case on 23rd March last. When witness went to Cron he told him that witness was buying tor Jeffries and Neville. Nolan said he know Mr Jeffries. Tie knew of Mr Neville as Stork Inspector. There was some discussion on the Poerua • run. He told Cron that Jeffries and Neville had bought the run and wanted cattle to stock it. Nolan gave witness a message to Air Neville to come down and look him up. Told Cron that Jeffries and Neville had bought the run in conjunction and were stocking it. Would not swear the term, partner was used. Cron told witness • hat h n had about 150 three-year-olds. AY hen riding out .with Cron told hint that on any cattle bought by witness •2\ per cent, would have to be paid by the seller as commission to Jeffries. When witness was leaving Cron urc'd witness to sign up for them as ho was certain they would he more than satisfied with the cattle as they were till host bred cattle in the south. When witness arrived at AVehoka by telephone he bought all the throe-year-old bullocks, about a hundred, at £7 10s. and the heifers (10 to 001 at Co. \Vitness guaranteed the commission would be 2.1 per cent. He knew tho stock publication "Meat and A) 00l Review ’’ showed the market wits a falling one from the end of September, 1921. till the second week in Octolier and lie’ll a rising tendency till at the end of December, the prices were mat-o,-iallv liiid’er than in September. To Mr Hannan First, interview with Mr f'raii he discussed the market. Of-

f,, ; -s.l y-l,af he thoughi was the current market price. Nothing was said of tbo rise or fall in prices. Must have received the telegram from. Jeffries on 10th September, advising “ Buy ( ron. Addington beef down.” Did net mention Hmt lo Cron. Later went to Nol-

an’s told him that the cattle were for Teffries am! Neville, and .subject lo 21 per cent commission to Jeffries. AA’as Mithorised to buy anything up to a ample of hundred. Did not mention

he conversation at the last, sitting in •eferome to Jeffries and Neville, be■ause he was not asked the question, lo mentioned to Mr Jeffries before ho

left for south that 2J per cent on a big deal was sufficient and Jeffries agreed. AA'as not buying for Jeffries and Co. Inn for Jeffries and Neville. Jeffries had to pay the expenses of v.ilmv-s in going sou til. On the first visit stayed two nights at Cron’s. Nothing was discussed in the presence of Mrs Cron in regard to the deal. This concluded the case for the plaintiff. It. was agreed hv counsel that his Honor should peruse the evidence as taken by -Mr Justice McGregor at last sit ting. The Court then adjourned at 3.43 p.m. until 9.30 nc-x-t day . THT'RSDAY. JI'NE 23. His Honor took his seat at 9.30 a.m. RFX AT AV. B. AICTR-. William George Muir, who had pleaded guilty in the Magistrate’s Court to having forged and passing two valueless cheques for i'23 each and oV tainod goods and money therefor from AA'. McKay and Son and the New Zealand Clothing Factory on April 13th last came up for sentence. His Honor said the accused had had an unfortunate upbringing. He had already had a years’ probation (> years ago. Forgery was a serious charge but under the special circumstances he would sentence him to probation for two years, subject to the repayment to the firms affected of the amounts involved totalling £3B 17s 7d and costs

of prosecution C l 2s. The sum of CS (is lltl found on the accused was ordered to he devoted to this end. WIT! IBK AWN.

A. Urban (Mr Hannan) v. Ross Borough Council (Mr Murocli), claim C2fi."> for balance on cinema plant. Mi' Hannan asked for leave to withdraw, the case having been settled out ol C.ouit. A PETITION CHANTED.

A petition for authority for alteration of the memorandum ol Association of the Knkatnhi Co-operative Dairy Coy. Ltd. was applied for by .Mr i’ark and granted. JEFFRIES V. CHON.

For the defence -Mr Hannan raised a non-suit point, which it was resolved to take at a later stage. Evidence for Use defence was then led as follows: ■ John Cron deposed he was a settler residing at Haast and the defendant. Knew W. .Jell'ries well. Tie had been auctioneer and agent lor witness lor several years. He first met Mr Neville last March two years at Wataroa sale yards. Was introduced by -Mr Jell lies. Wallace was wrong when lie said witness bail I old him that he did not know Neville. Knew nothing about Poerua run. Did not tell \A tillaee lie lenew of it. First met Wallace at Haast. lie said lie wanted In buy cattle. He said lie bad bought land at IJaribari from Mr Ferguson and lie bad 1,500 acres of good grass, and Im wanted 100 bullocks lo put on it. and asked how many cal tie witness had lor sale. Next day went up the river (o a paddock with 20 bullocks and 7 boilers. Witness told Wallace hr was to bold a special sale at Wataroa in November. Witness told At allure be wanted £3 for the bullocks and Lo for the heifers. AVallaee said the price was too high, and lie would not get that for them at Walnroa, that some had gone out of cattle altogether, including Norman Friend. Advised Wallace to go to Nolan tiros. Wallace went awav for two or throe days and when lie came hack said he could not deal with them. Then Wallace offered £7 os and Lo. Witness refused this

offer. Wallace then said if they went to Wntaroa, would lie give .Tcflrivs a out mid witness said yes, lie would give him half the line to sell. Wallace said lie would not touch the cattle as he would lose money on them. Several days later, a telephone message came through from. Condon’s stating Wclieka was wanting witness. Could not hear what Wallace was saying, could not hear his voice at all. (Jot Miss Condon at half wav to transmit the message. She did so. She said Wallace said heel' had gone down 7s per ewt at last sale at Addington and milking a. spurting oiler of C 7 7s (id for store bullocks and I'd for store heifers. Told Miss Condon that would not suit at all now. That he wanted

to sell all the fl and l-yr.-old store cattle he had or none at all. and to tell him he did not know what lie had until he had mustered. Wallace agreed to that. Could hear Miss Condon transmitting rpiite plainly. Miss Condon then transmitted to witness the acceptance by Wallace. Throughout the bargaining AVallaee never at auv time told him lie was buying for Jeffries and Wallace. The conversation over the telephone was about the midtile of September. Shortly after this witness went down to Jackson Tiny. Before he left lie told Ids wife to reply in her name if there wore any important letters come in liis absence. He was away for ten days or a fortnight. He got the letter uf August 28th. after AVallaee had left. He was absent wliet: telegram of Sept. loth. arrived. He took it from the letter that Wallace was buying through wit ness’ agent, Jeffries and Co, Was absent when Jeffries’ letter stating Wallace bail purchased bullocks and heifers arrived. The telegram ). gneil John Cron was sent by bis wife. AVa.s still absent when the letter of Sept, 17th. arrived, iI is wife sent telegram of Sopl. 26 and also letter of 29th. Sept. His wife did not keep a copy of the letter. Telegrams and letters up to October Urh. were sent by his wile. Telegram of October 15th. was sent by .Mrs Cron. Witness sent the telegram advising Wallace to cancel sale on 17th. October. When lie did so he had no knowledge of the contents of his wife’s letters. 'The cattle lie referred to were the sale of all the 3 and -I year old store cattle 1m could muster. When lie came hack from Jackson Bay he opened and answered the letters. AA'ith regard to Wallace’s statement that witness offered to sell 100 bullocks and 10 heifers of three year olds, lie denied Inning done so. In no year during the last ten years had witness ever sold more than 101 head of all ages. His cattle run on both hanks of the Haast ran for over 30 miles. In ordinary fine weather it took a week to muster. This year with men to help it took a month to muster, owing to Hoods. It was a had muster. Five men mustered. Feu lid the heifers,3 and I year olds, all fat. The total was 90 heifers and 120 bullocks. He was quite willing to supply the store cattle. The bullocks brought £lO and heifers £7 10s.

To Mr Thomas--Tho fare was £5 each from Waiho to Hokitika and back. Witness paid £2 15s. (An explanation made by Mr Aluriloch as to the arrangement made for costs was accepted. Mr Cron being Jit Itaast aiul having no knowledge of the arrangement which was made with the representative of plaintiffs counsel). "Witness continued—ln March 1924, lie did not sell any cattle, so liitil a double line to sell in October. Look on 210 head as a large line, lie referred to store cattle in his letter of ' Nov. oth., when he said lie was quite willing to deliver or -1 year old store Cattle at Mahituhi, which would not amount to many, at the price stated. Tim tit) heifers and 120 bullocks were not store cattle. When witness said to Mr Murdoch that 00 heifers and 120 bullocks answered the description . t ;1 and -lyr old store cattle, he made a mistake. The heifers were fat and most of the bullocks. The purchase of the run by Jeffries and Neville was not mentioned. Witness never gave Wallace a message to Neville in his life. Commission was discussed over the telephone only. The price agreed on J was £7 10s for store bullocks and £•> * for store heifers. No numbers were agreed on. Told bis wife he had sold all the store cattle lie had. Not Ayr. olds, hut 3 ami l year old stores. When he left for Jackson Tiav ho told his wife if any important letters came to answer them in her name. He gave no definite instructions. Took no part in Clio correspondence till tho 1 < thOctober, telegram or letter. His wife hail no authority to take part in the deal. Heard that Wallace had stated he was to deliver at Waiho, and witness told his wife that he would not deliver at Waiho. He did not toll his wife to send the telegram stating he would deliver at Maintain, not Waiho. Had not left for Jackson Bay when ho heard that report. Mas not in the house when this telegram was sent, to his memory. His wife writes all his business letters. He did not authorise his wife to sign his name. He words the letters. She writes them out and signs them, John Cron. That has been the custom for years. Have known his wife to answer letters of witness on other occasions, without instructions and she had' told hint of it afterwards. He supposed his wife and he had discussed tho matter. His wife "'as carrying out his instructions when she sent that telegram re delivery at Mahitahi. He did not know lie had the right to say his wife had jio right to sign his letters, when

the defence pleadings were being set out, As soon as witness saw AVallaee had stated he had bought 150 bond, he telegraphed to Jeffries to say the terms of the contract as stated wore incorrect. Cannot say why he did not toil Jeffries that the terms of the contract wore incorrect. On Oct. 17th. had difficulties of mustering and difficuulties of the terms of contract. The reason why he did not tell Jeffries the position was because he did not want to put everything in a wire, and letters tool: so long. So many wires would he coming on and to save further trouble lie finally cancelled. The real reason for cancelling the deal was be--1 cause Wallace bad lied, and not the difficulty of mustering. He sent the two telegrams, ]*e difficulties of mustoiiug m n mild form ol a white lie. so as to have time to communicate with Jeffries by letter. Witness knew that Jefi'rios thought he had entered into one contract, and that witness thought lie had entered into another. The delay in sending the next letter was owing to mail delay. fie had been Lo his solicitors before writing this letter. He beard of a rise in beef in luidSepteniher, and still going up. He did not muster till February of ibis year. Mr AVallate was very particular about four year old entile. Aery likely he told Wallace I here were better cattle up the river than those he had seen in the lower paddock. \\ itness has since sold 92 3 and Ayr. bullocks at ■CIO and 85 3 and lyr. heifers at £■ Ills. AVitness was here questioned to snme references made outside the i .nut three month.- ago. and las! night to parties to the suit by the witness. Re-examined by Mr Murdoch No relereuee was made by Mailmo at. any time to Jell'ries and Neville as the buyers. His wife had never sold or eoulirinc 1 the sale ol stock, without witness wording the letter. Tic had no news as to the market rising tiler sth. to 10th. S'ept. The Court adjourned at I p..u. till | 2 p.m. (To he Continued.)