RESIDENT MAGISTRATE'S COURT. Thursday, October 19. Bell v. Samuel Brown.

New Zealander, Volume 6, Issue 471, 19 October 1850, Page 3

RESIDENT MAGISTRATE'S COURT. Thursday, October 19. Bell v. Samuel Brown.

In this case the plaintiff, late a seaman on board the brig Fanny, wrecked at the Feejees on the 7th of July last, sought to recover the sum of £17 4s. as wages for services rendered by him on board the vessel up to the date of her loss. Mr. Merriman appeared for the plaintiff, and Mr. Whittaker for the defendant It was stated that Mr. Brown had advanced £1600, taking as security the cargo belonging to Mr. Polack and the brig He gave Mr D. Graham (who left shortly afterwards in the Enterprise) a power of attorney to enable him to secure his (Mr. B.'s) advance on the arrival of the Fanny at California. In the event of Mr. G.'s not being able to attend to the matter, the power was to be transferred to Mr. Crummer. The Fanny did not, however, proceed beyond Honolulu, and as Mr. Graham did not remain there sufficiently long to settle Mr. Brown's affairs, he gave Mr. H. McFarlane authority to act for him. — Mr. Crummer being at San Francisco .... Mr. Twohey, late master of the Fanny, deposed that he was present in the Consul's office at Honolulu, when a bill of sale was executed purporting to transfer the ownership of the brig to Mr. Brown,— Mr. McFarlane acting as agent for Mr. Brown in the transaction. It was contended on the defendant's side, that he had given no authority to Mr. McFarlane to act for him, and that he should not be made a ship owner against his will. He had only held a mortgage of £800 on the Fanny, and he had effected an insurance of £1600 on her cargo. After a prolonged hearing of the case, the Bench decided that Mr. Brown's ownership had not been proved so as to saddle him with responsibility, and that a nonsuit must therefore be recorded.