IMPORTANT DECISION.

South Canterbury Times, Issue 2664, 4 October 1881, Page 2

IMPORTANT DECISION.

[l3v TimKGiiypji.] . t.i.u Pai;s,<i Aigo> i.lxicx.) Wellington, Oft. ;i. : At the -Magistrate’s Court to day, the following important judgment was given by Mr Shaw, lI.M, in a civil action, Patten v. Wellington Gas Company. The plain (ill lately entered into the occupation of certain hotel premises in Wellington, rnd applied to the Gas Company fora supply of gas for ordinary purposes. In reply ho was informed that gas would be supplied on payment of arrears due upon the gas account of the previous tenant, £l7 17s lOd. This he eventuallyapaid, and brought the present action to recover. In defence the Company pleaded justification. Air Shaw pointed out that there was no statutory or legal obligation upon the Company to supply plaintiff or anyone else v/ith gas. The case of Atkinson v. Denby (G iL. and 17., 778) was very (ipro/iox. There a manufacturer (tke plaintiff) being in embarrassed circumstances, offered a compr urion to his creditors, one of whom (the defendant) ■

declined to receive it unlc.- the manufacturer paid him the sum of Too in addition, and gave him a hi!.. < <f exchange. Plaintiff paid the £SO, and gave a bill, and defendant then evecuted the composition deed, after which the manufacturer brought an action to recover the £.>o,when it was held that lie was entitled to recover it back ;r; actma '>n money lent and vse*i»ed. '.oi app-.-r.i _ dm; _ judgment was Alb'nn.d. 'Boo .-isnlcration pressed against the present Komp.v.y. R was incorporated foi iho object inor alux of: suppiyiLg to !;!■•■ c;ty->f WolUngr<m mio tor inhabitants thereof. To car >••;( ■ * * * **• m»o„ v-.t ■■■•■: Logiaiav.nrc l:ad .(vv si.ecoO M-y ■••cutminth.J

powers and privileges on the Company, and it was, noticeable that particular provision was made by Section 14 oi its Act for the recovery of the rents due for gas. There was no indication anywhere in the Act that any further provision in this direction was thought necessary, or even contemplated with correlative obligation lay upon the Company an equivalent for privileges and concessions so yielded. This ho (Mr Shaw) took to bo the true answer ; That they were bound to carry out the I rue intent and meaning of their charter, and sell gas to anyone who desired to purchase it and had money to pay for it. It appeared to him that tho claim by which payment was extracted was contra a rcpimm et homm and tho retention of this money unconscienlious, and on the authority of the oases cited and many others, he gave judgment in favor of tho plaintiff.