MAGISTERIAL.

Gisborne Times, Volume XXV, Issue 2062, 13 December 1907, Page 1

MAGISTERIAL.

THURSDAY. DEC. 12. (Before Mr J. Townloy and Captain Tucker.) Judgments by default—tß. Hannah and Coy v. .Pare Kcilia, £1 11s Gd, costs 10s; samo v. Jolin Godfrey, £1 19a Gd, coats ss; Alt'. H.. Gilman (Mr Hoi) V. Tauva. Boats, £8 8s 7d, costs £2 13s Gd; Mary Price (Mr. Sainsbury) v. Bantcllo Wall, £2, costs 10s; Maclcrell and Colley (Mr .Burke) v. Edward Sargent, £7 17s lid, costs £1 10s Gd. Claim for Discount.—Evidenco.-wns taken on commission in tilio case of the Parker Da nib Timber Coy., Auckland, versus Charles Taylor, Gisborne, a claim for £8 6s Gd, amount allegedly wrongfully deducted from an account as discount. .Mr T. Alston Coleman represented defendant. — Clias. Taylor, cabinetmaker, admitted receiving delivery of the goods mentioned in (the statement of claim. In July last was in' Auckland and saw Mr Lamb, a representative of the plaintiff company, in regard to purchasing timber.. After lilies ho 'wanted, die -bought •iceiitaln ■goods, being informed .that the trade discount .would be 71 per cent, or j, per cent cash down. Eor two or three days after buying the timber witness made numerous calls for the purpose of getting .an account, but could not got it. On. the day witness left Auckland .Mr Damb promised to bring the ■account to witness’ hotel, but lie failed tx> do so. Did not get the account until a. fortnight after, bis return to Gisborne. The amount was for £ll'' 18s lOd and witness sent a cheque for ifcliat amount less 7} per centdiscount. lit was through no fault or omission of his that ithc account was not paid before Iris departure from Auckland. In a .previous transaction plain tiffs had allowed discount. 'ln dealings with the Alpha Sawmills had been allowed 10 per cent discount, and other firms also allowed similar discounts. •Sent his ohequo to plaintiffs by next mail after receipt of the account. Knew the price quoted for .the timber, but did not- know how much timber was being sent, .so ho could not check at on arrival.