Another Truck Act Case

Feilding Star, Volume XVIII, Issue 204, 2 March 1897, Page 2

Another Truck Act Case-

At the Palmerston Court yesterday, the following case was heard : — A Jack v. J. Holben, claim £17 17s. Mr Hankins for the plaintiff and Mr Guy for the defence. The claim was for goodß supplied, including a bicycle, by plaintiff to the defendant, who was in his em* ploy as plumber. Tbe plaintiff stated that be had given the goods to defendant at .cost price and although he bad made repeated efforts to obtain a settlement he bad been onable to. do so, the defendant alleging that wages were due to him. Witness admitted owing defendant four days wages bnt could not obtain any particulars of any further amounts due although he had asked repeatedly for his time ac* count. The defendant stated that he had offered to settle the case for £13, but the offer was not accepted and he had instructed his solicitor to plead the Track Act in order that be might obtain a nonsuit and settle the case out of Court. He was willine to pay £13 in full settle* ment. Mr Hankins referred in very strong terms to the conduct of the defendant and stated that as far as he could see the Truck Act was an incentive to fraud. He stated that his client was quite willing to accept a nonsuit, but be could not sufficiently condemn the action of tbe defendant who was willing to shelter himself behind the Act. Mr Guy stated that his client had only pleaded the Truck Act in order to obtain a nonsuit and he was quite willing to pay the £13 offered. Th* defendant was nonsuited, his Worship abating that the Act was in existence and people bad a right to take advantage of it but he was sorry to see it being done. Counsel's fee, 21s, was allowed de« fendant.— Standard.