ABOUT A PIANO.

Manawatu Herald, Volume XXIX, Issue 3768, 25 June 1907, Page 3

ABOUT A PIANO.

Dresden Plano Co. v- J. h- Gibbs. Lengthy Court Proceedings. Judgment Reserved. At the local S.M. Court yesterday, before Mr A. D. Thompson, S.M., the Dresden Piano Co. (Mr Cooper), sought to recover the sum of (Mr Moore), price of a piano which had been allegedly wrongfully included in a list of goods restrained by defendant for rent, and disposed of by defendant. Counsel for defendant in outlining the case stated that sometime before May the Dresden Co’s, agent, and T. Cook, of Himitangi, made overtures about the purchase of a piano, and the Company sent an instrument on approval to Cook, but nothing had been signed between the company and Cook, and in the meantime defendant restrained for rent, and included the piano, which was sold. Counsel quoted authority to prove that in restraining goods and chatties for rent, only the goods of the tenant can be sold. Norman Lightband, the Company’s agent, deposed're opening negotiations with Cook for the purchase of a piano. An 85 guinea Broadwood was sent to Cook on approval, the understanding was, if Cook liked it he was to purchase it. Saw Cook after the piano had been delivered but nothing had been done to complete the purchase. Told the auctioneer’s clerk and defendant’s son that the instrument was not to be sold, and was advised by one of them to interview a lawyer. Mr Hennessy had purchased the instrument at the sale for Told Hennessy that the instrument belonged to the Dresden Piano Co,, after the sale.

Ity Mr Moore:’Spoke to defendant’s son on the morning, after the sale, and warned him the piano belonged to the Dresden Co, Did not tell Gibbs if he had been at the sale he would have bought it in. Did not , remember saying he would give Henessy something on his bargain. It was about three weeks before the auction sale that he first negotiated with Cook. Saw defendant at Cook’s house but Cook did not tell witness that defendant had come to levy a distress warrant. Had Cook paid a deposit would have considered it a sale. Knew’ nothing about Cook till he canvassed his house. Cook was to purchase under the hire system, and pay a deposit. Thos. Cook, farmer, detailed particulars of interview with previous witness. Piano was to be sent on approval. If he approved of-the piano terms of purchase were to be arranged. The piano arrived, and nothing definite was done as to the purchase, when it was seized by defendant, and sold. Never suggested to Lightband that he was going to pay cash for it. By Mr Moore: Defendant said he had power to levy for the rent.

Told Lightband about tbe sale of the piano after it had been disposed of. The auctioneer’s clerk gave evidence as to an interview with Lightband. Did not remember the latter saying if he had been present he would have stopped the sale of piano. Albert John Gibbs deposed that. Lightband asked him why piano had been sold, and would Hennessy sell it or take anything on his bargain. Said it would have paid him (Lightband) to have given for it. Said the instrument had been sold for cash, to Cook and Stevenson and the company had no bailment or writing over it. Lightband thought Cook’s credit was good enough for anything. The piano had been in the house about three weeks. Lightband informed witness that he (Lightband) would get into trouble about the affair as the piano was a specially .selected one. Lightband never said that it was a sale on approval. Witness admitted there was antagonism between himself and Cook.

The Magistrate: After what has taken place between

your father and Cook it could not be expected that there would be friendly relations.

An amusing passage at arms took place between plaintiffs counsel and witness Witness admitted loafing about premises with his hands in his pocket. Admitted he was an interested party with his father, the defendant. Admitted comparing notes with the auctioneer’s clerk before giving evidence. Had also spoken to Mr Hennessy and had spoken about the case to people for several weeks.

P. Hennessy deposed that Lightband informed him that the piano had no right to be sold. This was after the sale. Lightband never said anything about the piano being at the house on approval. , By Mr Cooper; Lightband did not say it was a cash sale.

John Henry Gibbs, the defendant, said the auctioneer stated that if there was no bailment over the piano it could be sold. Cook asked for the sale to be put off, which witness agreed to do provided £IOO was -paid by Saturday preceding sale, Cook saw the warrant and inventory Cook never said the piano was not his own. The Magistrate did not desire to hurry counsel with their arguments, and it was" mutually agreed to tender agrument at Palmerston on Thursday next when the Magistrate will deliver judgment.