AN ADVERTISING CLAIM.

Taranaki Daily News, Volume XLVIII, Issue 81918, 7 March 1907, Page 2

AN ADVERTISING CLAIM.

The action of the "New Zealand Times" Company v. the Taranaki Petroleum Company was further heard at Wellington before Dr McArthur, S.M., <on Tuesday. The action was a claim for £49 6s tor advertising, and tlie defence was that the Petroleum Company's brokers, Messrs Lcary, Hume and Jiast, had incurred the liability without authority. Mr Findlay appeared for the plaintiffs, and Mr Blair for the defendants. A. G. East, one 'of the brokers, gave evidence of the relationship between brokers and company. To Mr lilair witness said lie had had experience of land agency work. In the ease of advertisements of a property lor auction it was usual for tlie vendor to pay the agent and fur the agent to pay tlie newspaper. Mr Wilson, chairman of the stock exchange, re-called, Baid when iho 20,000 £1 shares were on the market, vendors' shares weie selling on the exchange at 12s per share. Even although the advertising charges amounted to 13 per cent of the price of tlie shares sold, that was not too much too pay for Belling 12s for .£l. Mr Blair, in asking for a non-suit, contended that there was no custom shown to support the plaintiffs' case and that the custom alleged was unreasonable. Jlis Worship reserved his decision on the non-suit promt, For the. defence, Francis Corkill, a land agent, sliarcbroker, notary public, and director of an oil company, ■of New Plymouth, said in the case of his oil company the brokers spent ia advertising only the amount specified hy llie company. * Daniel Berry, a merchant, of New Plymouth, and chairman ot direetois of the defendant company, said the company rejected Mr Leary's proposal to spend between £250 and £4OO in advert ising, and allowed them £3O, afterwards to £75. The advertising allowances to other b r oker.-, were:—Auckland £2O. Dime.l in £lO. Christchurch £lO, and New Plymouth £7 10s. Beyond this the company had paid no brokers' advertising accounts. The Auckland brokers lloated about 300(1 .-hates, Christcliurch ami Dunedin about 133(i each, New Plymouth about 13,000. If it were true that the shares could be obtained at Wellington at 13s, lie wished he_ had the money to take up 8000 of them. Mr Findlay claimed judgment on the ground of express authority, agency and eustofm. lliy Worship reaervod his decision. |