SUPREME COURT.

Evening Star, Issue 2937, 18 July 1872, Page 2

SUPREME COURT.

CIVIL .SITTINGS. Tina Day. (Before Mr Justice Chapman and a Special Jury.) His Honor took his seat on the Bench at ten o’clock, Pindar v. Campbell was an action to recover L 261 2s Sd. Mr C. Cook and Mr Barton appeared for the plaintiff; and Mr Maoassey, with whom was Mrß. (J. Haggitt, for the defendant.

The declaration stated that, in December, ISO 9, the plaintiff’ sold to the defendant the goods described in the particulars of demand, upon the terms that the goods should be shipped from London to Otago ; the defendant on delivery to him of the invoice and bill of lading for each shipment, to pay, by Ilia acceptance, for the price of tbc goods, together with reasonable charges for packing and freight, the acceptances to be paid 100 days after sight ; and the goods to be of fair marketable quality, and to be in good order and condition. That, in accordance with those terms, he shipped goods to the defendant by the ship Widiam Lindsay, in 1869, and, in IS7O, by the Vanguard, and drew, in respect of them, bills of exchange, which defendant refused to accept : hence the action. The defendant pleaded a general denial of all the material allegations contained in the plaintiff’s declaration ; that the goods were not shipped within reasonable time after their sale ; that they were not shipped in the order in which they were sold ; and that some of tljc goods ordered were not shipped. The plaintiff by his replication, gave the defendant credit for the proceeds of the sale of the Vanguard’s goods, particulars of which hs received after the commencement of the action, which reduced the amount sought to bo received to the sum stated above. The plaintiff is a manufacturer of earthenware, c arrying on business at Bardslem, Staffordshire, England ; and the defendant carries on business in Dunedin as Calvert and Campbell. The whole of the day was occupied in reading the evidence adduced on behalf of the plaintiff, the bulk pf it having been taken in England under commission. It went to prove that the whole of the defendant’s orders had been faithfully executed, and the shipments made with reasonable despatch.