USE OF STAMPING MACHINE FOR RECEIPTS.

Manawatu Herald, Volume L, Issue 3924, 28 March 1929, Page 3

USE OF STAMPING MACHINE FOR RECEIPTS.

MAGISTRATE TO OBTAIN A RULING. At the Palmerston North Magistrate’s Court on Tuesday before Mr. J. L. .Stout, S.M., a novel defence was brought forward by Mr. 11. R. Cooper in a case in which Ford Motors Manawatu Ltd. (Mr. Grant) sued C. E. Davey and S. A. Davey, of Manawatu Heads for £29 9s 4d being instalments due under a hire purchase agreement in respect of a truck, possession of which had been resumed by the motor Ann and money owing for goods -supplied. In support of his claim, Mr. Grant produced a hire purchase agreement signed by the contracting parties and having 'the 1/3 stamp duty payable, affixed by a postal franking machine. Mr. Cooper objected to the production of the agreement, stating that as it Was not stamped in accordance with the statutory provisions at present- in force, it was inadmissable as evidence. Counsel quoted the definitions in the Stamp Duties Act wherein it is laid down that duty -may .be paid in either im-. pressed or adhesive revenue or postage stamps. Counsel’s contention was that the mark made by a franking machine as not an adhesive stamp.

In addressing the Court, Mr. Cooper stated that he felt justified iu raising a technical objection and asking that the case be dealt in equity and good conscience, for the reason that lids -clients, whose ages were 18 and 23, had purchased the lorry for £125, paying £SO deposit and agreeing to pay 12 instalments monthly 1 of £7 13s to cover the balance and interest. After paying two instalments and when'the third was overdue, the loi*ry was damaged by fire and the plaintiff company received £65 from an insurance company in respect to its loss. The ■truck was subsequently sold lor £IOO and now the plaintiff firm was suing defendants for £22 19s instalments. In the circumstances counsel contended that he was justified in his request and the defence he was adopting. After hearing the evidence, of J. V. Stephens, .accountant for the plaintiff company, His Worship ordered that the document be impounded by the Court and stated that he would obtain the opinion of the -Commissioner of 1 Stamps, in the meantime, reserving his decision.