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DEAL DIRECT.
TUESDAY, DECEMBER 18, 1928
LITIGATION ENDS.
(Continued from. Page 9.)
ing either knows that he has no authority, or does not know or bellavo him to be a partner,"
The powers of a partner in the ordinary business dealings of a firm vary according to the nature of that business. In some kinds of business, the powers are vory much wider than in others, in sond cases extending to the salo or mortgaging of the firm's pro- porty; but I can and no authority for laying down that any partner or partners have any power ex- press or implied for disposing of the whole business of the partner ship, lock stock and barrel, with- out the consent of the other part-
ners.
Transfer Not Good.
There being no evidence before me that all the partners in the Wo Shing Hing Lung Hop Kos con- curred in the transfer of the busi- ness to the plaintiff I am unable to hold that the transfer of the business is a good transfer.
I now come to the second point, the notice to the debtors of the Arm of the transfer of the busi- nosa. The plaintiffs have called A messenger who stated that he delivered a notice to the defend- ant personally in the market. This the defendant denies. 1 see no more reason for believing the one rather than the other so that I cannot rule that the plaintiffs have proved this point.
Lastly the plaintiffs, in support of their claim, merely produce the books of the old firm, unsupported by any evidence as to when the entries were made, who made them and why they were made. Books are merely ex-parte statements; they are useful to refresh the memory of a witness who is giving evidence as to their contents when they have been kept In the ordinary way of business; but mistakes are liable to creep into the books, omissions often occur in them and so I have said sirendy they are ex-parte statements made. by one party or his servants. The. defendant In this case says "I do not know or care what the plain- tiffs have put-In their books I have never concurred in them and I do not owe the plaintiffs any thing." In the face of a denial of this kind I cannot uphold the bocks put in by the plaintiffs un- supported by evidence of any kind by the clerks, or accountants who made the entries,
Judgment for Defendant.
'
It is true, as Mr. Hugh Jones said, that books are often put in support of a claim, but even in cases where the defendant does not defend I am averse to giving judgment for the plaintiff on the books only: My practice has always been to call for some evidence of acknowledgment of indebtedness or receipt of the goods by a dofondant and my ex- perience has been that this has almost invariably been forth- coming.
On the evidence. I do not con sider that the plaintifs are entitled to succeed on their claim for $351.60. I give judgment for. the defendant with costs.
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