MAGISTRATE'S COURT.

Taranaki Daily News, 14 February 1917, Page 2

MAGISTRATE'S COURT.

FARM-SHARING AGREEMENT. QUESTION OF LIABILITY. A case affecting the parties to a farmsharing agreement was heard before Mr. A. Crooke. S.M., in the Magistrate's Court yesterday, when .Tames William West, stablckeepcr, New Plymouth (Mr. F. E. Wilson), claimed from Gordon Eliott, auctioneer, Feilding (Mr. A. A. Bennett), the sum of £ll ss. The circumstances were that A. C. MeDonell, who was managing a farm on shares for Eliott, incurred a debt with West. The account was sent to MeDonell, who referred it to Eliott for payment. West now sued Eliott for the amount in question. Plaintiff said lie did not know Mr. Eliott, but he knew Mr. MeDonell. The accounts (produced) were charged to MeDonell. To Mr. Bennett: He understood MeDonell was manager for Eliott, and when McDoneli ordered goods, witness rendered accounts to MeDonell. T-lp understood the accounts were sent on to Eliott. After the full account had baen incurred, witness sent an account to Eliott, who repudiated it. A. C. MeDonell, farmer, of Stratford, said at the time the account was incurred he was ,managing a farm on shares for Gordon Eliott near Oakura. He and Eliott agreed to equally share the proceeds. Eliott drew the milk cheques, and from these witness received nothing directly. Witnes sowned a horse, and bought a gig and harness. West's accounts were treated like all the other farm accounts. Witness initialled them and sent them on to Eliott. When the business was wound up, an arrangement was come to whereby the defendant paid all the accounts on consideration that witness paid Eliott .150. Counsel for defendant produced evidence to show that the expenses wore incurred by MeDonell privately, and were not chargeable to the farm account. .Counsel submitted that no proof of agency had been given. Mr. Wilson contended that as soon as the agency between MeDonell and Eliott wis disclosed, plaintiff sent the account to tho principal, who was liable for all farm expenses. Counsel asserted that all the debts were legitimately incurred in connection with the farm. He considered his client must succeed on a portion of his claim. The case was adjourned for a week pending the production of the agreement of settlement .between MeDonell and Eliott. UNDEFENDED CASES. Judgment for plaintiff, by default, wns given in tile following civil eases: —Wilson and Grey v. William Parkinson, Toko, ,£2(l 3s; F. S. il'lnmtree v. A. E. Whittiugton, New Plymouth, £4 4s 1(1; Wm. Humphries v. Mangu Whakaawe, 'Smart road, £5 7s. John William Uncles, Inglewood. was ordered to pay Julia Gill and R. C. Hughes £l7 12s Cd on or before February 20, 1917, in default IS days' imprisonment. HUGHES v. JONES. Mr. A. 11. Johnstone intimated that the case of R. C. Hughes v. Joshua Jones, of Waitara, a claim for £5 2s (id, had been settled out of Court. LAND AGISTS' LICENSES,, The applications of R. A. Large, J. S. S. Medley, 8. J. Jackson and Newton King for renewals of land agents' licenses were granted.