Feilding R.M. Court

Feilding Star, Volume XII, Issue 89, 17 January 1891, Page 2

Feilding R.M. Court

Wednesday, January 14, 1891. (Before Mr Brabant, R.M.) {Continued from lust issue). - * John Stevens v W. M. Bundle ; claim £3 10s. Mr Prior for plaintiff and Mr Sandilands for defendant. This was tt case arising out of the sale and purchase of a Picturesque Atlas of Australasia. John Stevens deposed: He resided at Bulls; shortly before he went to India a person called on bim with reference, to. a publication called the Picturesque" Atlas of Australasia ; saw a sample copy; the agent specified the numbers and price 5s for each part; asked if witness would subscribe for the whole series ; said no ; but would become a subscriber for those parts relating to New Zealand ; the ~ Nos, 29 to 42 inclusive were the parts relating to New Zealand. ; signed an . order-book (produced) ; went more on what the agent said ; thought the order was a mere matter of form ; did not remember whether they were to be delivered singly or. hi bulk ; this day week the agents called 'ou him early in the forenoon; was writing ; , defendant said he bad- his ' atlases ; said he had not purchased an atlas ; the order book was produced and witness saw his 1 signature ; said "Do these parts contain, the views of New Zealand only? " ; deI fendant, replied " Yes " ; asked bim if he | had them with him, and if so bring them in ; he did so, and put them on the din-" ing-room table ; looked at the number on 1 top, and seeing it related to New Zealand wrote out a cheque for 14 numbers at 5s , — £3 10b; defendant left-; went on- with"' his writing, and when he had finished | hurried over the numbers, and found i illustrations of places out of the colony ; 1 looked to see if the numbers were correct; i found some had been altered from the original numbers ; (The Bench : The pages in the letter press are consecutive); went to the Bank and found his cheque had been cashed ; took immediate action; followed defendant to Feilding, and asked bim to repay the money ; was asked to accept an explanation; but declined as defendant had told him a falsehood-, then brought the present action ; No. 35 in tbe concluding paragraph, ended the N.Z. series ; 36 to 42 inclusive have no relation to New Zealand ; some of -the numbers were struck out and other figures put in ; (The R.M. : If the pages are continuous' there can be no fraud) ; it was when the man brought the numbers and told him that they were what he had ordered, that he paid the money. His Worship reminded Mr Prior tbat? he had promised to finish the case at 8 o'clock, and that hour was now past. <Mr Sandilands said he would fight the case on its merits, and he would not produce the legal objections he had. He then proceeded to cross-examine Mr Stevens : Had promised to give a friend in India the atlas, giving a description of New Zealand ; had not gone through the reading matter fully; 36 to 42' do not refer to New Zealand ; there was one. picture of the mail steamer leaving Auckland; admitted Auckland' was -in New Zealand ; would swear absolutely he saidL " New Zealand only " when he ordered the atlas ; also to the second man he saw ; (in replying to a question the. witness made a discourteous reply; and oa his attention being called to ' the fact by the Bench, he apologised) ; the agent left the books on the table ; made ~ somremarks about -a pen, and took his cheque and went away.; objected to the numbers, because when he purchased a book he did not care to see alterations and interleniations ; knew all the parts were to be bound in one volume ; ' did" not know the covers were not to be bound with the book ; Mr Rundle did not ofier to give - bim other numbers when -ho offered to make an explanation ; he declined to hear it, and- demanded his money back,* in- tho. samples the first agent showed him there- were, quite likely, some Australian views *.'. was told emphatically ' only New " Zealand^ yiewswere to be in the numbers he ordered! , This -was tbe case for the plaintiff. For the defence, Mr Sandilands contended that it stated on the order signed by Mr Stevens, the agent had no power.to alter his contract. He gave a resume of the evidence he would produce. -He. called L. H. Bowerman, the agent for the atlas in this district, who visited Mr Stevens about 2 years ago at Bulls to 'solicit an order'; got one ; showed him hie sample parts— l, 5 and SI, and soma loose engravings ; some related to New Zealand and some to other places in Australia and tbe Islands ; Mr Stevens said he would take all the parts relating to JJew Zealand; he asked how manymembers related to' New Zealand; told him 7 parts related almost entirely to New Zealand and 7 parts to the Islands ; Mr Stevens looked at the work ; told him distinctly that the 14 parts did not exclusively relate to New Zealand ; had only authority to take orders for the whole work or the 14 parts ; Mr Stevens could have read the order had he- chosen before he signed it (document produced). ! By the Bench r All the orders were, printed like the one produced ; had no> authority to sell separate numbers ; did not leave any paper with Mr Stevens. when he signed the order. W. M. Rundle deposed: He was the delivering agent for the work, and in that capacity waited on Mr Stevenß at Bulls to fulfil his order ; the books were furnished to him with a list of the subscribers for delivery ; saw Mr Stevens about 10.30 a.m.; told him his business; Mr Stevens said he had no recollection of giving the order ; produced the order i remarked his order was only for numbers 29 to 42 ; gave him these numbers ; saw the parts. were correct and in .consecutive order; he saw there were 14 numbers and immediately wrote out a cheque for £3 10s ; this ended the business transaction ; next saw Mr Stevens at Hastie's Hotel, Feildmg, sitting opposite to him ; Mr Stevens commenced to ~ throw out .insinuations; asked where he would meet him ; he accused • witness of swindling bim, and demanded his money; offered to explain ; Mr S.. said witness had personally altered the numbers ; he said if he did not pay up he (Mr Stevens) would have witness arrested ; it was all done in a threatening manner to scare witness out of this money, but as witness " didn't scare" he left ; the alterations in the numbers were merely made by the binders putting on covers which did not belong to the parts ; the covers were not"' of any importance, and when bound would "not be included in the book ; all witness had to do was to deliver the parts. Cross-examined : Was positive Mr Stevens said- nothing about " New Zealand" before he entered the house with witness. This was the case for the defence. Mr Sandilands addressed . the Court, and Mr Prior.baying replied, The R.M. said that nearly everyone had suffered, from these book agents* I himself .among others. Many people went in for these books without having a very clear idea of what they' were going to get, and were disappointed ; then they did not want to pay for them. ' But, as . in the present case, -where- there- was .» clearly defined Contract, they must take the cousequences .of then: own- aots. Judgment was given for defendant^with costs 3s, witness 15S;- No counsels' fees were allowed^ , r _. " „. The Court -then 'adjourned. -