R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4105, 6 May 1892, Page 3

R.M. COURT.

MABTEBTON-FBIDAY. (Before Colonel Roberts, E.M.) ALBERTBON V, DEVONSHIRE, In thia case the Bench gave judgment for the plaintiff for the £5 and mare, or in default of the mare £l7, with costs £3 ss. On the application of Mr Bunny execution was stayed for a month, A STRANGE COMMISSION OASE, A somewhat peculiar case was heard, in which Mrs Mario Monller, of Wellington, claimed from Mr G. S, W, ' Dal'rymple, commission agent, of ' Maßterlon, the sura ot £l9 15s. In ' /the statement of claim the plaintiff I (1) She was the owner of oertain land and house property in Colombo road, Masterton, (2) The defendant, between April, 1891, and February, 1892, aoted as her agent in looking after the said property, (8). On the 20th of April, 1891, the Defendant wrote to the plaintiff onclosing a tender from one H, Kobins tor repairs and additions to the said property for the price of £19155, and advised her to accept the said tender. (i), In his letter enclosing the tender he asked the plaintiff to send him the said defendant a promissory note undated, stating that he would fill in the date and hand it to the contractor, H. Robins, in payment for additions and repairs when the same would be completed in a workmanlike and satis* factory manner. (5). The plaintiff sent him a promissory note for - £1915s undated as requested. (6), The defendant on or about the 29th day of May, 1891, without the consent of, and unknown to the plaintiff, discounted or negotiated the promis- : sory note and converted the same to . .Jiis own use in his own business tran- , auctions after having filled in the date : although the promissory note was sent i to him for a specific purpose other ' than that to which the defendant appli- ' edit. (7). At the time the promissory J note was discounted or negotiated the additions and repairs were never com- i menced, (8), The additions and te- I pairs were never completed in a satis- | factory and workmunlike manner nor • in accordance with the specifications ' * of the tender of H, Kobins, but the j plaintiff was nevertheless compelled , to pay for them through the conduct i of the defendant jn negotiating the i promissory note contrary to his i instructions and in violation of ' good faith before the time agreed ' upon, and before the said additions , and repairs wore completed,. The i plaintiff therefore claimed to recover i from the defendant the sum of Ll9 I 15s, and such further relief as the ' Court should award. Mr Poynlon, of Wellington, ap- , peared • for the plaintiff, and Mr ii Pownall for the defendant. i ■■*% Considerable evidence was given , in support of the claim. ' For the defence Mr Dalrymple I stated thai he had not converted the ■ promissory note to his own use, It ( had been handed to Mr Robins after the repairs and additions bad been completed, The first intimation bo ! had of any intention to claim Wa.s, ■ after he had given evidence in a case against Moeller, The agency was withdrawn from him, and he summonedtbe plaintifffor commission, ! About a fortnight ailcrwards ihe , present claim was, entered, He believed, the work done by Kobins

wbß carried out strictly in accordance with tho spirit of tho contraot. Corroborative evidence having been given by Mr H, Robins, judgment was entered for tho defendant, with costs, L2 3s. Judgment was afterwards given for tho plaintiff in Iho case Dalryrople v, Moeller, a claim for L 8 5s for commission, with costs, WELLINGTON AGGUMATISATION SOCIETY.

Annual Meeting. The seventh annual meeting of the above Society, was held in tho Wellington Museum last night, Captain Huuit'ray presided, and there was a fairly good attendance of members. The annual report, copies of which had been circulated, was taken as read, The Chairman remarked that he thought the report was very satisfactory, and to doubt in time the results of their labours would be still more satisfactory, as they gained more experience. Major-General Schaw moved the adoption of tho report, remarking that £263 had been received for licenses, and £142 for b'sh bred in ponds, so that their society was, as a matter of fact, ■ self-supporting. On the subject of native birds he romarked that tho only way to prevent their extermination was by enlisting publiOjOpinion against their being shot and killed, and he was sure ail the motnbers of the Society would do their best to create such a public opinion, Mr J.'C. Andrew seconded the adoption of the report.and the motion was agreed to nem, con. Ur Oabill complained that nothing had been done by the. Society to fulfil tho promise they' inado soino two or three years ago to increase the num>berofgame birds in tho vicinity ef Wellington. He thought something might he done in that direction, in view of the fact that so many gentle men in this district took out shooting licenses. He would move that a certain sura be set aside from the funds of the Society to form an aviary in Wellington for the purpose of providing game, which might bo afterwards let loose in the Wellington district. The motion was seconded by Mr W.J.Wratt. The Secretary (Mr A, J. Rutherford) informed DrCahill that attempts had been made to bring game out here, but with the exception of a few pheasants and partridges brought in the lonic they had all failed, They would, however, make further attempts, and ho had no doubt they would finally succeed. They had pretty well done their hest in this direction, and as to the aviary in Wellington, they had built a fine one in Masterton, and had men to look after it. That was a better position than Wellington, and there was less difficulty in roaring birds there than they wonld have in this city, Mr L, G. Reid (treasurer) said a good deal of money bad been spent on tbo aviary at Masterton, and he did not think the Council could be charged with having paid insufficient attention to importation. After some further discussion Dr Cahill withdrew his motion, The election of officers was thon proceeded with. His Excelloncy the Governor will bo asked to become president on his arrival in the Col» ony. Major-General Schaw and Sir James Hector wera elected vicepresidents. The following wero oleoted on the Council:—Wellington, Captain Humfray, T, E, Donne, T, 8. M. Cowie, C. H, Izard, (J. B, Morison, W. R. Morris, A. G. Rcid, A. J. Rutherfurd, E. F. Hawko ; Wairarapa-W. H, fieotbam, 0. W. Whatman, and J. H, Holmes, Subsequently Captain Humfray was elected Chairman of Council, and Messrs Kutherlurd and Reid secretary and treasurer.