A Strange Truck Act Case.

Manawatu Herald, 13 April 1899, Page 2

A Strange Truck Act Case.

A case cams before Mr 0. G. Gra» ham, 8 M, on Monday at Dunedin, in which F. Smith sued Thomas Young for '£2 llf, the Talae of material supplied. The plaintiff is a tailor, and the defendant was in his employ. The plaintiff lold the doth and the material at a fair and reasonable price. These facts were admitted, but for the defence section 7 of the Track Act was pleaded. Tha defendant said he brought the material as a speculation, part of it to be sold and part to be made up for himself. Hid Worship said thete was only one aense in which the Act could 4>| interpreted. If the defendant has been employed in miking the good:) at so much a pieep, and had to find certain materials necessary for the work, and went to hid employer to get them, the employer woull be entitled to sue for them ; but whereas, «s seemed to bs the case her\ be. bad received the goods to be use 1 by him* self in any w«y he thought right and proper, he did not think the plaintiff had the right to recover. He thought that the exceptions clearly did not apply, and he must give judgement for the defendant.

The plaintiffs counsel asked Hi| Worship not to allow costs, having regard to the dt fence.

The defendant's counsel contended he had a perfect rigbt to rely on the Act. Piaintiff had treated hi§ elutnit badly, 89 defendant had offered IQ%

His Worship said the defence mug a shabby one, and he would not allow COStS. ' • :<■ IS