SUPREME COURT

Dominion, Volume 9, Issue 2786, 2 June 1916, Page 9

SUPREME COURT

AN APPEAL CASE ' ELECTRIC MOTOR DISPUTE Sitting in tUo Supreme Court yesterday Mr. Justice Hosking heard an aupeal case arising out of the judgment of Mr. Vv. Gr, liiddell, S.AI., in the Court bolow ib the ease of 11. G. Anderson and Co., machinery importers, of Wellington. (Mr. I. Young) v. Holford and Gi. (Mr. T. Neave), electrical engineers, of Gisborne. Ihe claim was for £53 ss. 16s. id. for adjusting'a motor, .£4l 16s. 6d., amount duo on a dishonoured promissory note, and 12s. 9d. interest thereon. The dispute arose over the power, efficiency, and character of the motor. The Magistrate held that the machine forwarded, by Anderson and Co. was sufficient to comply with defendants' order, and gave judgment for the plaintiffs for amount claimed and costs. It was from this judgment that appeal was made, upon the grounds that (1) there was no evidence to support the judgment, and that defendants were entitled to judgment upon the evidenco; (2) that the Magistrate's findings of fact were erroneous, and in. particular that the motor was required to do too much work, and that the agreement to exchange the motor for another was not entered into or not entered into save on conditions that were not fulfilled are erroneous; (3) that the Magistrate's findings were not only erroneous, but his inferences of fact were wrong in law; (•!) that the motor supplied by- the plaintiffs was adapted to tho requirements of the Gisborno electrical supply; and (5) that there was a total failure of consideration. Mr. Neave, for the appellants, said the motor was suitable to Wellington, where the current was 500 volts, but not to Gis. borne, where the current was sixty volts less; and he proceeded to argue questions of law upon the facts admitted by both parties in the case. Mr. Young's contention was that the promissory note was given for a valuable motor, which liad been adjusted to suit Gisborne, and was in no way defective, proof of which waa that it had been working ever since it had been installed. Argument in this case occupied the Court all day, and His Honour reserved judgment.