Lloyd v Flemming

• Jurisdiction: Saint Kitts and Nevis
• Court: High Court (Saint Kitts and Nevis)
• Judge: Glasgow, J.
• Judgment Date: 12 August 1977
• Neutral Citation: KN 1977 HC 5
• Docket Number: 82 of 1975.
• Date: 12 August 1977

High Court

Glasgow, J.

82 of 1975.

Lloyd

and

Flemming

Appearances:

D. Byron for plaintiff.

C. F. Renville for defendant.

Detinue - Whether the plaintiff failed to return quantities of documents given to him in pursuance of an agency agreement. Finding that there was no evidence to show that the defendant had the documents in his possession. Judgment given for the plaintiff in respect of a sum of money which the defendant collected on his behalf and judgment for the defendant on his counterclaim for a sum of money which he claimed.

Glasgow, J.

1 In his Statement of Claim the plaintiff, who at all material times operated an Airline Service and traded under the name of Valley Air Service, alleges that, by an oral agreement made in or about 1966, he engaged the defendant, trading as Fleming and Sons, to act as agent of the said Airline Service. The plaintiff alleges that one of the duties of the defendant was to account to the plaintiff at monthly intervals for all moneys received and payments made by the defendant on behalf of the plaintiff and to deliver to the plaintiff tickets, receipts and stubs. It is also alleged that the remuneration of the defendant was 10 per centum of sales made by the defendant. The plaintiff alleges that he delivered to the defendant in pursuance of the agency agreement quantities of documents, invoices, tickets and stationery and that it is the duty of the defendant to account for the same, that the plaintiff has demanded the return of the same and that the defendant has failed or refused to deliver the same to the plaintiff. The plaintiff also alleges that he delivered to the defendant the sum of $1,000 for the purchase of two carts at $500 each and that the defendant has delivered only one cart to the plaintiff. The plaintiff further alleges that the agency relationship was terminated on the 30th April, 1975 when the defendant ceased to operate as such. The plaintiff alleges that the defendant is in breach of his contractual obligations by failing and refusing to account to the plaintiff for moneys received for the period 1st March to 30th April, 1975 in the sum of not less than $5,115.00

The plaintiff therefore claims:-

• 1. The sum of $5,615.00;

• 2. The return of all documents, invoices, receipts and stationery;

• 3. Damages.

In the alternative the plaintiff claims:-

• 1. An account of what is due to the plaintiff from the defendant in respect of money received by the defendant as the plaintiff's agent for or on account of the plaintiff or which might have been so received but for the defendant's wilful default or neglect;

• 2. An order for payment by the defendant to the plaintiff of any sum found due upon taking such account;

• 3. The return of the sum of $500.00 being money paid by the plaintiff to the defendant for the purchase of a cart which the defendant never delivered to the plaintiff;

• 4. The return of all chattels and personal property belonging to the plaintiff which the defendant wrongfully detains;

• 5. All further proper accounts, inquiries and directions;

• 6. Costs.

2 The defendant delivered to the plaintiff a Defence and Counterclaim. The defendant denied, among other things, that at the termination of the agreement he had any unused invoices, tickets and stationery belonging to the plaintiff. The defendant also denied that the plaintiff delivered to him the sum of $1,000.00 or any other sum. The defendant stated that the plaintiff requested him to procure two carts for the plaintiff and that he (the defendant) procured one such cart at a cost of $540.00 which sum the defendant deducted from the moneys received from the sale of tickets in July/August, 1972.

3 The defendant denied that he terminated the agency arrangement on the 30th April, 1975 or at any other time. He alleged that the plaintiff terminated the employment on or about the 2nd April, 1975 by employing a Mr. Brown from that date to receive tickets from Valley Air Service passengers, deal with their baggage and otherwise to handle the aircraft at Golden Rock Airfield. The defendant alleged that the engagement of Mr. Brown was made without any notice to the defendant.

4 The defendant alleged that the plaintiff wrongfully terminated his contract of employment on the 2nd April, 1975.

5 The defendant also alleged that in January, 1975 the plaintiff agreed to pay the defendant $150.00 per month for handling Valley Air Service planes. Another allegation made by the defendant is that in addition to the ten per cent. commission on the sale of passenger tickets another term of the oral agreement referred to in the Statement of Claim was that the plaintiff would pay the defendant ten per cent. of the value of all charter flights arranged or obtained by the defendant. The defendant alleged that the plaintiff has never paid him any part of this amount.

6 The defendant alleged that the plaintiff employed him on a monthly basis and on 2nd April, 1975 wrongfully terminated his employment without notice.

The defendant's counterclaim is for —

• 1. The sum of $450.00 for arranging and/or obtaining charter flights during the period of the arrangement referred to in the Statement of Claim;

• 2. Damages for wrongful dismissal $1,352.14;

• 3. Remuneration for period...