A BUTCHERY BUSINESS.

Taranaki Daily News, Volume LII, Issue 264, 15 December 1909, Page 4

A BUTCHERY BUSINESS.

TEE WRONG PARTY SUED. In the Magistrate's Court .-yesterday Pitt Bros, sued .Mrs. E. L. Frauds, claim for £l3 Os Id, lor .balance due for I'.u stock sold to defendant for her butchery business al Fitzroy. Mr. A. H. Jomistoue annealed for the plaintiff, and Air. U. Grey for the defendant. Plaintiff's eviuenee was to the effect that the account had been running fulsome time, and there had been payments from time to time. This balance had never been disputed until a solicitor's letter had been sent nquesliiig settlement. In cross-examination .Mr. (ircv produced a series of account* which aid been sent by plaintiff to George Francis, defendant's husband. He had alivajs understood from Mi*. Francis that the business was hers, and certainly she always paid the accounts, with cheque* on her account. He examined, lie slated that the defendant's husband iilhmas took delivery of the cattle. A billhead produced bore file name of George ■! .!ii-i~, family butcher.

In opening the defence, llr. (ircv »ftid Unit the debt, which was the husband's, would be paid. The defendant, Jessie Lorinii Francis, wife of George Francis, butcher at i'iUi>'.., stated that her husband owned ihe business, and all accounts were ncnt out in liie name. Witness kept the accounts. She never purchased stock, uud she didn't think she had ever seen the stock before it went to the abattoirs. The .luiir had called fo r his money, and she had paid hiui by cheque—her own cheque, the account being kept in Let' own name for the sake of convenience, her husband being generally outside i<n the oart. The. business had not been a paying one, and she had had to advn.Ke money out of her own account to help to keep it going.

To Mr. Johnstone: The property on which the shop stood was her own. She had never endeavored to collect money owing to the business in her own name. She had never in her' own name instructed Mr. Johnstone's firm to sue a man (named) for a debt. She was emphatic on the point. Mr. Grey said it was an extraordinary course for Mr. Johnstone to disclose business relations between Mrs. Francis and his own firm, who had been her solicitors. It was most unprofessional to use information thus obtained. Mr. Johnstone said he had been surprised, and he had not intended to adopt the course or to take advantage of information obtained in the course of i'is Business with the defendant. Re-examined by Mr. Grey: There was a batch of accounts, drawn on her husband's billheads, handed to Malone, Anderson, and Johnstone for collection. If a summons was issued in her own nar:c it was without licr knowledge or authority. To the Court: She had never been asked by Pitt Bros., and had never promised to pay for The stoek bought fir the business.

Mr. Grey was calling George Fran-is, when his Worship intimated that llie plaintiff must be nonsuited, for li,. hid not proved his case. The plaintiff Imd rendered his accounts to Oconrc and had failed to show that Mrs. Francis had pledged her credit in am- wav. The nonsuit was granted, with £1 lis costs against the defendant.