An Important Case.

Manawatu Herald, 1 July 1897, Page 2

An Important Case.

A case of some interest to shippers of wool and produce was heard in the Magistrate's Court yesterday. Barraud and Abraham sued W. J. Walters, of Longburn, for £20 ls 6d, amount of advance made by the plaintiffs against a shipment of skins to England, after crediting the. proceeds of the sale of the skins. The defendant Walters filed a counter claim, alleging negligence on the part of the sellers in England by reserving the skins from sale for a long period. The defendant deposed that the skins were worth 18s a dozen, when shipped, but* only realised about 4s a dozen in England. Messrs Barraud and Abraham produced the report from their London agents, describing the skins as being of in«

ferior quality and Worth only from 4s to 8s per dozen, the market having been a poor one for over a year. Mr Fitzherbert, who appeared for Mr Walters, contended that the fact I of the skins having been sold at less price than that at which they were valued by the owner in the colony showed negligence had occurred, and that shippers in thq colony are responsible in law for the negligence of their agents in England. Mr Baker, for Messrs Barraud and Abraham, contended that the reports showed that the skins were a very inferior lot. that their agents in England had taken the greatest care to obtain the best price, and that even if this were not so, the merchant who Bhipped the goods was not responsible for the neglect of the agent in England, when the shipper knew that an agent would have to be employed, so long as due care had been exercised in the selection of a proper agent, and produced authorities to that effect. Judgment was given for the amount claimed, £20 ls 6d, costs £1 10_, and counsel's fee, £2 123, and the counter claim was dismissed, with costs Bs, and counsel's fee £2 fa.—Stondard.