A Legal Difficulty.

Manawatu Standard, Volume 4, Issue 132, 11 May 1883, Page 2

A Legal Difficulty.

[Wellington Paper] The proper method of auin» a partnership for debt has caused some trouble m a case thab hns come twice before the Re?id nt Magistrate. The firm of Gil let Brothers and Co., doing business at Palmerston North, but having one partner named Malcolm, resident m Wellington, became indebted to Bannatyne. and Co., of this city, Failing payment, a summons was served on Mr Malcolm m Wellington ; but the Eesident Magistrate dismissed thst caso on the ground that the defendant's Christian name was not stated m tha summons,- and the idcn* tity of Mr Malcolm as a partner of Gillett Brother* was notshnwn. The same case come up a^ain yesterday, and failed a second time, for though the same Mr Malcolm has been summoned, and his Christian name stated, yet the plaintiffs' solicitor had not prepared evidence showing that the said Vfr Ma'olra is a member of the partnership of Gillet Brothers and Co. The solicitor said : « We take the risk upon ourselves of levying upon the wrnng person, and this is the usual affidavit showing that tha summons has been served- on Mr Malcolm as a member ot the firm of Gillet Bros. & Co." His Honor said ;" This is not the position at all. You come here asking for a judgement against certain persons trading as Grille*: f'ros. and Co . You have served on Mr Malcolm The evidence is that the goods were delivered to Gillet Bros. Before you can get judgment against Mr Malcolm, for those goods, you must prove that he is a member of the firm of Gillet Bros." The clerk said the summons was issued against only one member of tha firm. The solicitor said he could easily prove the partners' ip, but the only witness m attendance could not identify Mr Malcolm as one of the firm. He would ask for an adjournment to produce evidence of that kind. Case adjourned till Thursday.