Legal Notes.
THE HIRE SYSTEM. AH IMPORTANT DECISION. There will be weeping and wailing (writes our London contemporary, Truth) amongst those who deal in musical instruments at the recent decision in the Court of Appeal in the case of “ Helby v. Mathews and others.” For many years it has been possible to those possessed of moderate, but certain, incomes to obtain a piano upon what is now generally known as the “ hire system.” The vendor held ont an inducement to the purchaser to become the possessor of an instrument at once by entering into a contract to band over certain sums at stated periods until the whole of the purchase-money had been thus repaid. But, meanwhile, the instrument (up to now) was recognised as the undoubted property of the vendor, until such time as the transaction was completed, and could be reclaimed by him if a failure took place in payment of even the last of the instalments.
In the above case, all the recognised precautions were taken by the plaintiff (the vendor), but after paying seven instalments the hirer pawned the piano with the defendants ; this coming to the knowledge of the vendor, through the non-receipt of the next payment when due, he brought an action in the County Court against the pawnbroker who bad purchased the instrument, which was decided in his favour. The Divisional Court affirmed this judgment, but gave leave to appeal. The Master of the Rolls and Lord Justices Smith and Davey are responsible for the wave of tribulation, which, with a harsh and discordant note, will sweep across the hire traffic in musical instruments. Under a section of a certain Act, which up to now has not been brought to bear on these cases, the hirer in selling can, it appears, give a good title to the purchaser, and the vendor is not in a position to recover his property. I refrain from making any comment on the “justice ” of this decision, but I do express my sympathy with the class which will now be debarred from obtaining instruments on comparatively easy terms, since there is no doubt that the dealers will, in selfdefence, have to abandon the present “ lime system.”
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Southern Cross, Volume 2, Issue 19, 4 August 1894, Page 3
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367Legal Notes. Southern Cross, Volume 2, Issue 19, 4 August 1894, Page 3
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