SUPREME COURT, NELSON.

Westport Times, Volume III, Issue 529, 13 July 1869, Page 2

SUPREME COURT, NELSON.

CIVIL SITTINGS. (Before his Honor Mr Justice Richmond.) Weoxesday, July 7. tasker and othetts v. jiotvis axd OTUEKS. The following gentlemen were sworn as Special Jurors : —Messrs 11. Davis, J. M. Pearson, J. Gully, P. iluddieston, R. Levien, G. Bonninston, E. Everett, J. Tingle, Joseph Cook, H. .Stafford, and 11. Baly. Mr Button and Mr Kingdon appeared for the plaintiffs ; Mr Conolly and Mr Pitt for the defence. The following were the pleas and issues:— The. plaintiffs sought to compel the defendants, John and George Jervis, to convey certain land at AVcstport, which the defendant, George Jervis, had purchased for himself and the defendant, John Jervis, at a time when he was employed as agent for the plaintiff, Tasker. 1. Was the defendant, George Jervis, at the time of the purchase by the defendant, George Jervis, for himself and his brother, in fie employment of the plaintiff, T. Tasker, as his agent for the purchase of the said land ?

2. Had the defendant, John Jervis, before, and at the date of, the said purchase by the defendant, George Jervis, notice of the employment of the defendant, George Jervis, as agent for the plaintiff, Thomas Tasker ? 3. Did the plaintiff, T. Tasker, ever, and when, refuse the simple fee of and in the said land, or any part thereof, from the defendants, Hori te Koramo, Matu Nui-Nui, and lloni Mauhika, or to complete the purchase of the said land or any part thereof? Mr Button, in opening the case for plaintiff, said that the question the jury were asked to consider was a matter which partook of the nature of an equity suit, and it would he their duty to give especial attention to two or three points of this character. In ISGG, Blain and Porter held a lease of some land at "Westport, and in consequence of some negotiations, one of these parties sold out his interest to Tasker. This was done through defendant, George Jervis, who had acted as plaintiff's agent on several occasions ; therefore the principal point for their decision was that set forth in the issue, viz.: " "Was the defendant in the employ of Tasker as agent?" He thought that there would be little doubt on the minds of the jury that he had acted as agent up to a certain point, which was their going to the office of Messrs Adams and Kingdon. The evidence up to this time would be about the same on both sides. One important part of the case was the fact that George Jervis had stated that the Maoris who sold the land wished to go te the office of Mr Pitt for the necessary deed, yet he took them to Messrs Adams and Kingdon, where he himself drew a rough plan of the land to be conveyed to Tasker. The land in question was described as one piece in the Crown grant, but according to a plan, the land had been divided into

two blocks, and it was only a portion, of one of these blocks which had beea leased to Porter and Blain, and assigned to Tasker. The evidence would show that, while consulting Mr Adams about the deed, George Jervis went out to the Maoris, who were in another room, for the purpose of obtaining the Crown grant from Hori te Korama, and on returning he told the plaintiff and Mr Adams that the Maoris would only sell half the land. Mr Adamß pronounced the leases useless, and Tasker, who had been paying a rental of £4O a year, thought it advisable to purchase the land, and had employed Jervis to negotiate the purchase with the Maoris for £IOO, and a promise beside of £SO to Jervis, or Dee and Jervis, for agency in the transaction. Upon the failure of the negotiations by the parties when at Mr Adams' office, Jervis advised a little delay, until the Maoris should have less money, and would come to more reasonable terms. A few days after this Jervis-bought the land for his brother and himself. The Jervises had admitted that this was a "sharp trick." T'.ie Maoris would not have sold the land to Jervis had he not lod them to believe he was buying it for Tasker; in fact, Jervis never pretended that he Wanted the land for himself. It must strike the jurors as singular, that Jervis could thus buy the land for himself and his brother—the same land for the same price, which a day or two before he could not negotiate for Tasker. Jervis had acted in an underhand manner, and an agent must not be allowed to acquaint himself with the business of his principal, and take the bargain to himself. Tasker hod spent a large amount in improvements on the land, and lost everything. Jervis knew that he was taking away from Tasker his bargain ; yet witnesses would be furnished to prove that he had boasted of the part he had played. Thomas Tasker, who resides at Richmond and carries on the business of a butcher at Westport, depened that about the middle of June, 1867, he was at "Westport, where he met George Jervis, and had some conversation with him and a man named Dee respecting the purchase of the land on which he had built his premises, and which he held under lease from Maoris. The result of this conversation was that Tasker offered Dee and George Jervis £SO it' they would purchase from the native owners the freehold of his lease, and an adjoining piece held by a man named Porter. The witness returned to Nelson, and subsequently met G. Jervis on the road to Kichmond, when he said the Maoris had come in, and he wanted him to come and settle about the land. This was on .Saturday, July 20, and on Monday, July 22, he came in to Nelson. Jervis said they would go to Adams and Kiugdon, as they were his solicitors. He went with G. Jerviß into Mr Adams' private office, the Maoris being left in the waiting-room. Jervis said to Mr Adams, " I have come here on behalf of Tasker, to see the whole of his block turned over to him. He has got to pay £IOO to the Maoris, and to give £SO for myself and Mr Dee. It is subject to a lease of twenty years, half to himself, and the other half to Adam Porter. It will be a good investment." G. Jervis then drew out a plan for Mr Adams, who asked if the Maoris had a Crown grant. Jervis said they had. Mr Adams said he wished to see it. Jervis went out for four or five minutes, and came back with the Crown grant, saving the Maoris would only sell half "the block for £100; adding, " That's all nonsense; we'll have the whole block." Mr Adams advised further consultation with the Maoris. He saw John Jervis alone in the bar of his hotel, and told him the Maoris only wantad him to have half the block. J. Jervis said, " You spoilt it; you ouizht to have gone to Mr Pitt's office, and you shouldn't have mixed up in the matter, being a stranger to them." Witness said that was nonsense, that he had left it entirely in his brother's bauds. A week or ton days after this he asked GK Jervis how he had got on with the Maoris, and Jervis replied, "My brother and me have bought the land; you are a stranger to them, and they wouldn't sell it to you." lie said he and his brother had a deal of scheming to set it right, aud they intended to keep it for themselves. He also said Adam Porter'.* lease was no good, and he was going down to take possession. Witness told him he ought to be ashamed lor treating him in such a scandalous manner after the trouble he had about the lease. George Jervis never asked witness to deposit the money. He never thought of releasing him from his agency. He was doubly anxious to get the land, because he knew his lease was bad. He had put up a building worth £4OO, the improvements altogether being worth about £I,OOO. Porter had a large public-house on the land. When he bought Blain out, who held the original lease from the natives, he gave £3OO to Jervis to pay Blain. At the time Jervis bought the land, there was about £3,000 or £4,000 worth of improvements on the land. The witness was cross-examined by Mr Conolly, but nothina material wa3 elicited. After John Jervis had purchased the land, he told witness he would not sell it to him for less than £lO a foot. He admitted that he knew his brother had acted as the agent of witness. He told Jervis that he had gone down to Westp6rt to concert with his brother to defraud him out of the land.

"W. Adams being sworn, said: lam a solicitor, and was in practice on July 22nd, 1867. I remember Monday ; saw Tasker and Jervis in my Erivate office. Jervis first told me he ad come about the conveyance of some land from some Maoris, who, I understood, were in the waiting-room. He told me how I was to make the conveyance of No. 6, of Block 5, Westport, and I have a rough sketch of it in my note book. I asked for the Crown grant to see the title. Jervis went into the waiting-room, and on returning I think he brought the grant with him. He said the Maoris would only sell half the land, adding that when the Maoris were less flush of money they would be more reasonable. I advised Tasker not to have anything to do with it, but he seemed determined to go on with it. Jervis went out with the Maoris. Cross-examined by Mr Con oily: Jervis told me how to mark down the land. He was looking over me at the time. Mr Mackay being swern as interpreter, some Maori witnesses were examined. Hori te Korama, being sworn, said : I am the husband of Mata-nui-nui, and we possessed the land at Westport, shown in this Crown grant. I knew George Jervis ; I was in Nelson in July last, and saw him ; he came to me about the sale of some land. I did not agree to sell it to Geo. Jervis. He came a second time, and said he had come to make arrangements to purchase the land for Tasker—the piece that was known as Adam Porter's, and this he repeated at a second time of his calling. I afterwards received the money, and signed the deed under the impression that it was for Tasker.

Hori Mauhika, being sworn, said: Mata-nui-nui is my mother; we have land at Westport. I know Tusker, and Adam Porter, and Jervis. Tasker and Porter occupied some of the land. Jervis came once, when we were in Nelson, about purchasing the land for Tasker. When we went to Adams and Kingdon's office, Jervis came out to us and fetched the- Crown grant, and he offered £IOO for the whole block —meaning also a piece of land occupied by a person named Smith, immediately behind that of Porter's. It was Jervis who first spoke to us about selling the land. Shortly after, we saw Jervis again, and he still wished to buy the land, but did not say for whom ; I believed I was selling the land to Tasker. My reason for selling it to Jervis was—l understood it was to be bought for Tasker. Cross-examined by Mr Conolly: When we signed the deeds, Mr Mackny interpreted them, but I did not clearly know whether the land was conveyed to Tasker or to Jervis. Martin Lightband, being sworn, raid: I remember having a conversation mJuly, 1&67, with John Jervis, about a dispute of a title to some land. Jerri's said that Tasker could not get a signature to a deed, and that when he (Jervis) got possession I could have it at £lO afoot. G. White, being sworn, said : I am a gardener, and know Tasker and Jervis. I had a conversation with John Jervis, at his house. Jervis told me to look out for my block. He did not think it was right, because George had tried to buy it from the Maoris for Tasker; but money was not forthcoming, so they bought it for themselves, lie said it. was rather a smart trick. This closed the case for the plaintiff. The Court then adjourned till the following morning. Thursday, July 8. Mr Connolly, for the defence, put in the depositions of John Hassard Dee, who had left Westport. The document tos read by Mr Pitt, and the evidence fended to show that Dee had had agency dealings with Tasker about the land, rather than Jervis, and alleged that Tasker had said to him (Dee) "I will give you £l5O for the land, no matter what you gave for it." George Jervis deposed that he resided at Westport in June, ISG7, and was present when Tasker told Dee he irould give him £l5O for the land, no matter what he gave for it. Witness proceeded to say : Dee had a craft loading for Karamea, and he asked me to go to Nelson on his behalf, and Tasker was to go also. We came to Nelson, and on the trip I asked Tasker to give me a cheque for £l5O and I would have the conveyance made out to him before Mr Mackay, as I told him that the Maoris had agreed to sell it to Dee, and they looked upon us as partners. Tasker said he would not do that ; he wanted to be there himself and see what he was paying for. I took the Maoris to Mr Pitt's office, and waited there myself for a time. I met Tasker afterwards and he asked me to fetch the Maoris to Adams and Kingdon, where we saw Mr Adams, to whom I gave instructions about the conveyance. I had never said anything to the Maoris or they to Die about Tasker. I asked the Maoris for the Crown grant, and Tasker coming behind me to the door said, " Jervis is not going to buy the land, I am going to buy it." One of the Maoris said, "No good, you, you too much humbug, me only sell yon half," and he pointed to the corner half on the plan. I never asked the Maoris to sell the whole. Tasker then flew into a passion, and said he had a lease for twenty-one years, and that would last his lifetime, and he didn't care about the freehold. We all left Adams and Kingdon's office, and went across to the Commercial Hotel;

the Maoris remained only a few minutes. Davenport also came in. Tasker said, in the presence of these, that if he couldn't get the whole of the land he wouldn't have half of it, that he had a twenty-one years' lease, and that would last his lifetime. Eight or ten days after, having in the meanwhile bought the land, I saw Tasker in the stableyard. Tasker asked me if I had seen the Maoris. I said "Yes,land mybrother have bought the land." He said, " I suppose you will let me have it for the same you gave for it." I said, no, my brother had bought it, and had given me half to look after it. He then repeated that he had a lease, and had spent enough money over the matter. I told him that Mr P.tt had told me that the leases were no good, and unless we came to some terms I should eject them. He said, "Then you'll come into that big house of Porter's." I said, yes. He said he was glad of it, and he wished that he had had the chance. He did not call me any bad names. I did not say we had had a great deal of scheming to get the land. Annie Jervis and John Jervis confirmed the evidence of previous witness on material points, but contradicted the statement of George White with respect to his having said that he had done a smart trick.

John Davenport, being sworn, said : Some time since I kept the billiard saloon, next to the Commercial Hotel. I saw Tasker in the stable yard at the time mentioned. After the Jervises bought the laud, I heard George say that Mr Pitt had told him that Porter's lease was useless, and that he could eject them all. Tasker laughed, and said " I would do it if I were you," and seemed to think that Jervis had made a good bargain. Alexander Mackay deposed that, as Commissioner of Native Reserves, he had read over the conveyance of the land in question to the Maoris at the time it was executed, and lie was sure they understood the contents. Cross-examined by Mr Button : A month after this I saw Tasker, who showed me some documents. I might have said to him that, if I had seen them before, I should not have permitted the Maoris to sign. This closed the case for the defence. Mr Conoily then addressed the jury for the defence, and laid great stress on the evidence of Mr Mackay, which he considered threw plaintiffs' case out of Court. Mr Button having replied, The Judge carefully summed up, and amongst other comments said that supposing Jervis's witnesses to be all correct, the bargain went off at Mr Adams' office, because there was a misunderstanding about the quantity of the land ; and their evidence went to this, that if even Tasker did refuse to complete the purchase, it was because ho supposed that tho Maoris were unwilling to sell half the land. It was quite clear that an agent is not to be allowed to take advantage of a misunderstanding between the parties and his principal. The Jury, after a short absence, returned with a verdict for the plaintiffs on all the issues.