STOCK AGENTS’ CLAIM

Sun (Auckland), Volume I, Issue 306, 17 March 1928, Page 9

STOCK AGENTS’ CLAIM

FATHER AND SON SUED (From Our Own Correspondent) HAMILTON, Thursday. A claim by Dalgety and Co., Ltd., stock agents, Hamilton, to recover *£22l 7s 2d from Samuel Knight, farmer, Mangaweka, and Richard Samuel Knight, farmer, Taihape, was heard by Mr. Justice Blair in the Supreme Court to-day. Mr. Mackersey appeared for plaintiffs and Mr. W. H. McLean for defendants, who were father and son. Mr. Mackersey said that Knight, jun., wrote to Dalgety’s agent at Te Kuiti informing him that he desired to send the company certain cattle for sale. He said his father, who held a bill of sale over the cattle, had advised him to give up dairying and go in for sheep. His father had consented to the sale of the cattle. The time was inconvenient to get rid of the dairy stock, but on the strength of the offer of the cattle, Dalgetys allowed the son to purchase sheep to the value of £297 5s sd. The manager of Dalgetys understod from the father that he would stand behind his son .in the purchase of the sheep. In the meantime certain steers held by the son under his father's security were sold by Dalgetys, and the company’s accountant, being unaware of the arrangement between the manager and the Knights, sent on a cheque for £SB, the proceeds from the sale, to the father. This money was never refunded to the company. The son forwarded to the manager of the company an authority to him to do as he thought right and proper with the cattle. Later, however, the father seized the dairy cattle on his son’s place and realised on them. The son subsequently abandoned the farm. Mr. Mackersey alleged that the seizure was wrongful, and done in collusion with the son for the purpose of defrauding plaintiffs. For the defence it was alleged that the authority issued by Knight, sen., did not make the son his agent, or that the father was responsible for his son’s debts. Knight, sen., denied that he had given his son authority to open an account with plaintiffs. Decision was reserved.