A PECULIAR CASE.

Gisborne Times, Volume V, Issue 85, 18 April 1901, Page 3

A PECULIAR CASE.

MYERS v. THE PRESS COMPANY.

Ox August 28th, 1900, The Christchurch Press Company sued John Scott Myers for 12s 6d, cost of advertising two meetings of tho Independent Liberal and Labour Association, of which J. S. Myers was treasurer, and the hearing of the case was fixed for September 13th. On Myers receiving the summons ho pointed out that tho 7s 6d for one meeting had beon wrongly charged to his Association, and it was found that he was correct, as the advertisement was for the Liberal and Labour Federation of New Zealand,” of which the Hon. R. J. Seddon was President of the Wellington branch. However, on the day previous to the day for hearing the full amount —12s 6d—was paid into Court, J. H. McMillan, President of the Liberal Association, having giving the amount to Spencer, the Secretary of the Association, who paid it in. At the time fixed for the hearing, Myers applied to the Magistrate for his day's expenses on the ground that he had been wrongly sued. This was refused. Myers then sued the Premier for the return of the 7s 6d and 12s, his day’s expenses. Myers lost tho case, and at the Court claimed from The Press Company these amounts, together' with his expenses to date —£2 13s 6d altogether. The plaintiff conducted his case in person. Mr Cowlishaw appeared for The Press Company. The plaintiff gave an account of the events leading up to the present claim. In cross-examination he stated that the original claim of 7s 6d was on behalf of the Liberal and Labour Association, and the money was not due to him personally. . Arthur Cant, collector for The Press Company, explained the circumstances from tho Company’s point of view. As Myers had not paid the money the Company refused to return part of it to him. The Company had always been willing to refund the 7s 6d to McMillan. Mr Beetham, S.M., in delivering judgment, said that the 7s 6d was charged originally by “ The Press ” Company by mistake to the Independent Liberal Association. It was paid into Court by mistake by the Assooiation. The plaintiff Myers was the treasurer of the Association, and he was sued for the 12s 6d. “ The Press ” Company told him that if Mr McMillan, who had paid the money into Court, had applied for the 7s 6d, it would have been returned to him.' It should not have signified to “ The Press ” Company who paid the money in. It was paid iii on an account on which Myers was sued,’and as the Company knew and admitted that 7s 6d had been sued for which the Association did not owe, it was their bounden duty to return it to the man who was wrongfully sued] for it. Judgment would he for the plaintiff for 7s 6d stud costs..