MAGISTRATE'S COURT.

Taranaki Daily News, Volume LII, Issue 218, 20 October 1909, Page 4

MAGISTRATE'S COURT.

In the Magistrate's Court yesterday! morning, judgment was given for plaiitill's in the following undefended eases. Sole Bras. v. Annie 11. Welch, claim £<i, costs £1 3s' (id; Fred Gibbons and .Mary Knott (as executors of the estate of tii e late Mary Martha. B. Gibbons) v. George Foster, claim £l2 12s lid, and costs £1 10s (id.

A QUESTION OF AUTHORITY. Webster Bros. (Mr. SlundUU) v. Jussc I .1. Hills (Mr. Wright), claim £7 8s (id for grass seed .supplied. L B. Webster, of the plaintiff firm, gave evidence that the seed was supplied on the order of Philip Jackson, wlio stated Unit he had authority from Hills to order the. seed for him. Su'isequently he met the -defendant, who had promised to pay the amount when Jackson settled up with him. Jesse J. Hills, the defendant, stated that .laekson had applied to the Land Board for permission to transfer certain ■Crown sections, and had lirst to grxss the land. .Witness told him that he Icould buy seed from any of three Stratford' (inns, and that he could use witness' name as a guarantor for payment. Tin- seed went on to Jackson' i land. Witcess' had no interest in the land, but his wife had an indirect interest. ' Eventually, in a series of exchanges, it became hi* property. Theie exchanges could not he effected until Jackson's land was grassed. When Mr. 1,. U. Webster saw him concerning the account which had been rendered to him I Hills), he told that gentleman mat there was a mistake, and that Jackso-j I had had no authority to use his name as a reference to Webster Bros, lie further told Webster that Jackson owed him a good deal of money, and that when Jackson paid him he woul 1 see Webster's account paid. Jackson I owed him money on account of some 1: property transactions. ' I 'l'o Mr. Slandish: He was explicit that he did not give Jackson authority to !>ue an account opened against him •it Websters', hut only with Messrs. . \ewton King, Young, Hobbs and Co, • and the Loan and Mercantile Agency . Co with, whom he had considerable , dealing. Jackson still owed him some moncv, about .£IOO. He was quite unable to sa'v whv the man came to New I U- , mouth to buy the seed. What he meant in his conversation with Webster was that he would endeavor to collect the moncv for him. He was surprised that a firm to whom he was personally a stranwr should charge seed against him without -"me written authority. To the Heneli: Witness was intercs'tel in "ettiiiv Jackson's land gras'seil. | His Worship said that plaintiff must be non-suited, for the authority alleged bv the plaintiff was denied absolutely by the defendant. Jackson, the vital witness, had not been produced Mr. Standish said that all efforts to I have Jackson present had failed. I The non-suit was granted, with costs I amounting to a guinea.