QUESTION OF INITIALS

Sun (Auckland), Volume II, Issue 528, 4 December 1928, Page 13

QUESTION OF INITIALS

FURNITURE FIRMS AT LAW HIRE-PURCHASE SYSTEM INVOLVED The importance in the business world of exactness in the differentiation of people's initials was stressed in the Supreme Court this morning when two firms of furniture dealers went to Mr. Justice Frazer concerning a judgment of Mr. W. R. McKean, S.M., in respect of the sale of hire-purchase furniture. The action arose out of the sale of certain furniture by Tonson, Garlick and Company. L|td. (Mr. Indtr) to a Mrs. A. W. McCullv, of Eastbourne Road, Romuera, on November 10, 1926. In May last Airs. McCully’s husband sold the chattels to George Walker. Ltd. (Mr. Goulding). In pursuance of the general practice that firm made telephonic inquiries as to whether there was an “R. W. McCully” on the books of various firms, including Tonson Garliek’s. who replied that thev had no “R. W. McCully” on their records, but admitted there was a McCully, of Eastbourne Road, Rcmuera. In reply to his Honour, Mr. Inder said Mr. and Mrs. McCully were living apart. The husband, whose initials were “R.W.,” had actually taken possession of the goods, which belonged to his wife. She was not in the home, and the furniture had been left in the house. He had defrauded both his wife and Tonson Garliek’s, to whom the woman still owed £72, counsel alleged. McCully had stated that there was no Mrs. McCully. The problem for the- Court was whether George Walker, Ltd., should retain the furniture or hand it over to Tonson Garliek’s. Mr. Inder contended that when Walker’s had inquired regarding the name, his client had given an answer that was strictly true in their reply of ‘■No." Even if Tonson Garliek’s were chargeable with negligence, they could not be deprived of their goods by a third party. Tonson Garliek’s, moreover, were not bound to search their records for a McCully with initials other than the specific “R.W.” asked for. Stating the case for the respondent firm, Mr. Goulding argued that the very fact that Walker’s asked for the name “McCully, of Eastbourne Road, Remuera,” should have been sufficient identification. Counsel submitted the initials were immaterial. (Proceeding.)