TROUBLE OVER CONES.

Shannon News, 8 October 1926, Page 4

TROUBLE OVER CONES.

At the Magistrate’s. .Court at Palmerston North on Wednesday, .Leslie Hj, Newport, a market gardener, of Otaki, proceeded against B. H. Just; nurseryman, of Palmerston'North, for: the sum of £33 15s 6d, as/part. paymert for some fiacks of tones, ibe p aintiff was represented by Mr. 11, R. Cooper. Plaintiff stated in jus evidence that he aad delivered 131'sacks of cones, but on'y 120 had been paid for! A further lot of 112 sacks had^been sent nut of these only 98 had beer, paid for, because defendant alleged that lie remainder wire badly filled. T'io price arranged aid been 5s a sack, but defendant-disputed . ( the price for a third consignment, of 109 sacks, contending that the price was 4s 6d. The first lot. had been counted before being railed. ' - Defendant said- that he had throe men unloading the cones and they swore j that only 120 sacks came off the trucks, furthermore he was positive that of the second consignment, 14' sacks had not been properly filled. Defendant was not in a position to prove, that the price of the last consignment had been reduced to 4s 6d. Frederick Mudgway, ah employee of plaintiff, stated-that 131 saeks. had been trucked in the' first consignment and the 112 in the second lot. They were well filled. - , , Charles Newport, son of the plaintiff, also contended that the sacks had'been well filled. ' *i B. H. Knight, an employee of defend j ant, stated that to the best of-his know-, ledge no Jot of 131 sacks had ever come to the nursery; furthermore, lie was of opinion that 14 sacks of the second lot had, not;., been filled properly. A. Ellis supported., fhe j previous-wit: ness. /, ; - ' The Magistrate gave judgment to the effect that on the question of the first consignment he would, find for plaintiff, on the question of subsequent shortage for defendant, and for plaintiff, on the matter of railage.