The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1884-05-20 00:00:00

lIMORIA.NT COMXIB9IOII CASZ.

Jo eph Marvin Lock, butcher, Dorchester, v, W
Greats*: and Co , 110, Cretral Meat Market.
Isondon.—Clahn for £l3 8.. 11d. balance of account.
—‘lr. A. H. Lock appeared for the plaintiff, and Mr.
Jones (Trowbridge). for the detendent.—Plaintiff said
on March 26th of this present year he SAW Mr.
Newman agent for the defendant.. in the mark .t.
He &skid him If he had anything to consign t o
Loodon for sale, and he replied h should have some
on the following day. On the next day Mr. Newman
c one when none lamb. were oacked in hunoere
addressed to two salesmen in London. When Mr.
Nowman saw the lambs were packed he appeared very
vexed and asked him to char go the labels, and
ad frees them to his firm. Wittman relaxed, and Mr.
Newman .0 ere I him es. • stogie for the lambs if he
w .uld throw three out. This he refused, and later in
the day Mr. Newman came satin, and Si witneee
er.os going to the elation he followed him, and said he
vr,,ul4-1 buy the lambs of him Ba. 4 I. a stone for one
hamper, and 8.. for the other. Wanner ac..ept ii
hi, offer, &LA mid he would .'n the lamb' on these
onolitions. They then went t • the gnods shed and
changed the labels. On the followinz day he received
an ac .ount with • cheque for Ell (la 23. Witness
wrote expressing his surprise at receiving such an
amount. Ilehadnoreply fromthern.—l7ross-ezamtined
by Mr. Jones : lie had had a few deal. with the
de. +rodents They were not butcher., hut sold on
c roniaeio•. Previous to this he had sold any-
thi direct to the defendants ;he hal always sent on
000rmiseion. On the nth of larch, when Mr.
Newman came to his shop the first time, he showed
hint ro telegram from his firm, saying lambs were
(sidling 8.. 81. • stone. Mr. Newman did not see
th.. lamb, while they were mint, nor after they were
01, to his knowledge. lie ha I declined to Send
meat on cornmisaion. lie ha I known Mr. Newman
three r lour year., and during that time he hs I
ko .wn him to buy meat.—ln answer to the Judge,
' plaintiff said he t id Mr. Newman distinctly whatever
the lamb, fetched he must have 8.. 41. and Ba. These
were the only conditi .ns on which he sold them.—
Cross-examination (continued) : He was not in a dee-
perate hurry • Mr. Newman warn in a desperate burry
I, make the bargain. Ile was very anxioo• to send
the lambs to his firm, and on witness's ref ruling to
send them on commission. he bought them at the
price mentioned. He sold the lambs about four hours
after Mr. Newman showed him the telegram. The
lambs were of middling quality, and cost him 37
each.—By Mr. A. Lock, The telegram bad not the
slightest effect on him. He took not the slightest
notice of that, for he had plenty of them, and they were
" bogus" ball of them.—Cnarles Vagg, butcher,
of Bros Imayne, said on the 27th of M orb he saw
Mr. Newman, and he told him he had aoreed to give
Mr. Lock Bs. and 81. 41. for lambs that he was g dug
to consigu to London. Newman produced his pocket-
book, and mid he had entered it there.—Creas-
examined by Mr. Jones : He did not ask Newman
what Mr. Lock's lambs were likely to realise.
Newmsn told him he had got Mr. Lock to change
hie labels at the station.—Emanuel Legg, butcher, of
Dorchester, said he saw Newm.n on the same date,
wbotol I him he had bought Mr. Lock's lambs at Bs.
and 11,. 4 4—Edmond Joan Legg. son of the last
nese, who was present during the convenation,
corroborated.—Rlchard Elswood, butcher, Dorchester,
' stated Newman solicited orders of him on the rams
date, hat he did not give him any. Ile said he had
had • dealing with 31r. Look, that he had b .ught his
lambs, and paid him • cherpto f £2.1 on ocomut.—
Mr. Jones addressed the Court for the defence.
hisser.. Grasper, during the whole course of their
dealings, had never bought things direct and sold
again. Everything was dons on commiadon.—The
Judge said it raised a very firm question of agency.
If Mr. Newman overstepped his duties In order
to catch his commlesion, hi• name ought to
be aided as a defendant.—Mr. J ,nee, having
consulter I wilts his clients, said he proposed
to put Mr. Oreatrer into the box, to dep.'s,*
se to the nature of these transactions. and add Mr.
Newman as • defendant.—Walter °rostra:, Jun.,
partner in the firm, said Newman was one of their
o ,untry agents. Their buainees wee solely ()moaned to
gelling on commission. Newman had never bought
for them on their authority. Everything was done
on commission. They had never purchased anything.
—Oro's-examined by Mr. Lock: Their agents
bought anything for them.—Why did you not answer
Mr. Look's letter I—l believe it wew.—lt ha. been
stated on oath it was not ?—lt may have been an
oniisaion on the part of one of the clerks.—ln reply
to the ju Ire witness said their business extended over
the whole of England and Wales. They never knew
Newman bad purchased the lambs in queeti .n.—The
Judge sail Mews theatre: were not liable. It must
rest with Newman. Th -re we, overwhelming
evidence against him.—Mr. June., admitted it would
be fighting to be beaten for him t dispute it. Mr.
Jones, having consulted, said Mr. Newman would
conseot to a verdict against him.—His Honour then
gave a verdict for the defeadant with ante. In the
original action, with railway fore and solicitor's fee for
Mr. °roarer ; and in the subsequent action • verdict
was entered against Newman with costs, • month
being allowed to pay.
W. Vernon, Glastonbury. late of Maiden Newt on,
v. James Harris.--Olaim 3.. 8 I.—Order made for
ls, a month. _ . _

%V, Vernon r. John Jeans, Chstnola—Clairn
£73 14.. Si. —ldr. Beekett appeared f w the defendant,
and plea led tits claim wee in part barred by Statute of
Limitations.