“POISON COMPOUNDER”

Sun (Auckland), Volume II, Issue 447, 31 August 1928, Page 13

“POISON COMPOUNDER”

late city

DICTIONARY describes CONFECTIONER dispute over cakes That the primary meaning of the word “confectioner” denotes, according to the Oxford English dictionary, a “compounder of medicines and poisons” was the interesting discovery made in the Supreme Court this morning by Mr. Justice Reed. The aid of tho dictionary was invoked to determine whether a confectioner was entitled, by reason of the style of his trade, to sell block cake, or whether he belonged to the genus sweet and lolly-pop sellers only. The argument arose from an application by Margaret Arthur, cake-shop proprietress, for an injunction restraining Percy Hubbert, confectioner, from selling l cakes. The disputants were adjoining shopkeepers in Richmond Road business area. For plaintiff Mr. Finlay said that the landlord of the block of which the two shops formed part desired to prevent undue competition among his tenants 30 that all might be reasonably prosperous. Defendant, a confectioner, had begun to sell cakes despite the protests of his neighbour, but agreed to desist at the beginning of last June. However, he began again, and the cake proprietress decided to obtain a ruling from the Court. “But, Mr. Finlay, can confectioners not sell cakes,” asked his Honour, evidently basing the question on his experience of the term as recognised in England.

“I think not, your Honour. ‘Confectioner* is usually understood to mean sweet-dealer only.” His Honour: If I went to a confectioner I should expect to get cakes and bread. Mr. Finlay: lam afraid your Honour would be disappointed. It was here that the judge called for a dictionary. It was found that a second meaning of “confectioner” was “maker of light pastries, cakes and sweets.” His Honour: Can you therefore contend that defendant is breaking the law? Mr. Finlay: The question for the Court is what interpretation the parties placed on “fruiterer and confectioner” when the contract was made. It was not the first dictionary interpretation meaning compounder of poisons. His Honour (drily): Probably not. Mr. Lowry, for defendant: My client Is prepared to stop selling cakes when there is a permanent tenant next door. The proceedings should never have been initiated. His Honour: Ido not know what I am to do. What is the purpose of an injunction if you are prepared to stop? Mr. Finlay withdrew the application on the understanding that defendant refrained from selling cakes. This was agreed to so long as a bona fide cake shop remained beside that of the confectioner. “I am afraid,” said his Honour, "that the important question as to whether a confectioner may sell cakes will not be decided until some other case comes before the Court.”