CLAIM FOR COSTUMES

Dominion, Volume 12, Issue 202, 21 May 1919, Page 6

CLAIM FOR COSTUMES

PLEA OF INFANCY. By Telegraph—Press Association. Auckland, May 20. An exceptional claim of particular interest to womenkind and drapers was heard in tile Magistrate's Court, before Mr. .T. W. Poynton, S.M., when James Hansen, tailor, Karangahape Eoad, sued 11. Grace (18) and E. Grace (17) for the price of costumes sold and delivered to defendants during November last. Counsel said that Hansen had received an order for a costume from a man named Phillips on behalf of a woman he brought in. This was duly paid for. Later Phillips brought another woman, represented to be his wife, and another costume was paid for. He then introduced the defendants, by which time the plaintiif had discovered that a cheque previously paid over by Phillips was valueless. He therefore took Phillips aside and pointed this out, but the latter said the ladies would pay for the gcods themselves. Plaintiff booked their orders accordingly, and no payment had been made. Counsel understood that a special defence was to be set up that the defendants were both infants within the meaning of the Act. With regard to that, the claim was for clothing that was necessary for the defendants. Mr. Singer said the man Phillips had been in trouble several times, and since the purchases was in gaol. The defendants were introduced to Phillips by a young woman who was supposed to bo keeping company with him. He and this girl became friendly with tho Grace girls and their parents, who were not aware of anything against the man. Phillips wanted to buy Hazel Grace a ring as a birthday present on November 7, but her father objected, so Phillips said ho would give both tho girls n.coslume. Phillips ordered the costumes and the next the girls heard about paying was four months afterwards, when they received a bill. It was only because Phillips was going with them to tho tailor that they were allowed to go. and Phillips was taking all-the responsibility. The elder defendant said that Phillips was supposed to be a retired gentleman. (Laughter.) Counsel: He is still following the same occupation, only he is a little more retired.

Witness said that Phillips always seenv ed tn have plenty of money.

Counsel:, Yes, he sot ,£250 from a person at Newmarket. Phillips is a wellknown gentleman. Continuing, the witness described the visit to Hip tailor's shop and what: led up to it. She said their names were not mentioned, and Hansen must have got them from Phillips when the latter was called aside. Phillips told then; to pick their own stylos, as he was paying. Sho had never heard a price mentioned. Before they' accepted the costumes some slight alteration was made, and on this visit the plaintiff made no mention about the payment.' They were not in a position to pay -£R Bs. for the costume. Counsel: T hope you never will.

His Worship said fl'»'plca of infancy was mute in order. The costunics purchased, with respect lo the nrice, were finite beyond.tho defendants. Proceeding, hf> commented that the oucstion as to whether the pnods were necessary was nn onen one. Girls in the colonies were accustomed to go in for elaborate costumes, stockings, cloves, and hats, whereas in other countries (he*- mi"lit not be enn=idr>red necessary at nil. lie did not wHi to onenuratre cxtravasnncc. but he ' ,; d not Ihiiilc the i'efo'"lai>'s could nnv. Tt was unfortunate for Mr. Hansen. .Tmkincut wn< for <lm (I»'<"<<'ihi|s. without <w l i. ns they had .benefited by tho transaction.