B.M. COURT.

Wairarapa Daily Times, Volume 4, Issue 1020, 11 March 1882, Page 2

B.M. COURT.

MASTERTON, FRIDAY, , (Continued.) D. F. McOabthy v J, Elliotts, His Worship gave judgment as follows in the above ease:—l hold that the defendant having, with a full knowledge of the fact that his partner (Williams) had sold to plaintiff certain goods,, tho property of the firm, in discharge of his (Williams') private debt, and of plaintiff's demand for possession of goods, bought his partner's (Williams') interest in the business, cannot now avail himself of the plea that the transaction was outside Williams' authority as a partner, and that the plaintiff was not a consenting party to it, but is in equity liable to the plaintiff for the non-fulfilment of the contract entered into in tho name of his firm, If it had not been for the fact that defendant bought Williams' share of the business under the circumstances mentioned, I should have held the transaction between Williams and plaintiff one for which the firm was not by the law of partnership liable, I now give judgment for the plaintiff with costs, and order that the goods be delivered on plaintiff's application at the defendant's business premises on Wednesday next, and in default the defendant do pay the plaintiff the sum of 15s for his costs in the matter.