TWO "TAILOR MADES."

Taranaki Daily News, 31 May 1919, Page 6

TWO "TAILOR MADES."

AN INTERESTING CLAIM, COSTUMES ORDERED AND WORN, BUT NOT PAID FOR, Auckland, May 20. An exceptional claim of particular interest to womenkind and drapers was heard in the Magistrate's Court, before Mr. J. W. Poynton, S.M., when James Hansen, a tailor, of Karangaliape Road, sued H. Grace, aged eighteen, and E. Gracef, aged seventeen, for the price of costumes sold and delivered to defendants during November last. Counsel said that Hansen had received an order for a costume from a man named Phillips on behalf of a woman he brought in. This was duly paid for. Later, Phillips brought in another woman, represented her to be hi 3 wife, and another costume was paid for. He then introduced defendants, by which time the plaintiff had discovered that I the cheque previously paid over by Phil[lips was valueless. He, therefore, took Phillips aside, and pointed this out, but he said that the ladies would pay for the goods themselves. He hooked their orders accordingly, but no payment had been made. Counsel understood that a special defence was to be set up that defendants were both infants within the meaning of the Act. With regard to that defence, the claim was for clothing that was necessary for defendants. The man Phillips had been in trouble several times, ana since the purchases was in goal. Defendants were introduced to Phillips by a young woman who was supposed to be keeping company with him. He and this girl became friendly with the Grace girls and their parents, who were not aware of anything aga.inst the man. Phillips wanted to buy Hazel Grace a ring as a birthday present on November 7, but, her father objected, so Phillips said that he would give them both a costume. Phillips ordered the costumes, and the next the girls heard about paying was four months afterwards, when they received a bill. It was only because Phillips was going with them to the tailor that they were allowed to go, and Phillips was taking all the responsibility. The eldest defendant said that Phillips was supposed to be a retired gentleman. (Laughter.) ■< Counsel: He is still following the same occupation, only he is a little more retired.

Wifaiess said Phillips yalways seemed to have plenty of money. Counsel: Yes, lie got £250 from a person at Newmarket. Phillips is a well-known gentleman. Continuing, witness described tlie visit to the tailor's shop and what led up to it. She said their names were not mentioned, and Hansen must have got them from Phillips when the latter was called aside. Phillips told them to pick their own styles, as he was paying. She had never heard the price mentioned. Before they accepted the costumes some slight alteration was made, and on this visit plaintiff made no mention about payment. They were not in a position to pay £8 8s for the costume. Counsel: I hope you never will. His Worship said that the plea of infancy was quite in order. The costumes purchased, with respect to price, were quite beyond the defendants. The question as to whether the goods were necessary was an open one. Girls in the colonies were accustomed to going in for elaborate costumes, stockings, gloves, and hats, whereas in other countries they might not be considered necessary at all. He did not wish to encourage extravagance, but he did not think the defendants could pay. It was unfortunate for Mr. Hansen. Judgment was for defendants, without costs, as they had benefited by the transaction.