Buying Goods in Bond.

Manawatu Herald, 17 November 1892, Page 2

Buying Goods in Bond.

A case of a good deal of interest to merchants and buyers generally came before the Besident Magistrate on Monday morning, in which T. W. Young, merchant, Wellington sued H Kember, commission agent, for £42 10s. Plaintiff, in his statement of claim, alleged that he bought a quantity of Australian wine, then in bond, from the defendant, to the amount of £40. He took a certain amount out of bond, for which he paid £2 10s duty, but on opening the cases it was found that the wine had become fermented, and was unsaleable. He offered to return the goods to defendant, at the same time asking for repayment of the £40 he had paid him, but the request being refused, plaintiff now sued for £42 10s, the price paid for goods and the amount of duty thereon. Having

heard the evidence, His Worship, Mr H. W. Robin3on, R. M., nonsuited the plaintiff, with £% 2s coats, on the grciund that he had the opportunity of examining the goods before purchase; that he did riot do SO; arid that as there was lio Warranty, defendant could not be held responsible; Mr Young (Bell, Gully aiid l£ard) appeared for the plairitiff, arid Mr Jellieoe for the defendant. — N.fl. yv«> ft*.