MAGISTRATE’S COURT.

Taranaki Daily News, 15 March 1921, Page 8

MAGISTRATE’S COURT.

NEW PLYMOUTH SITTING. CIVIL BUSINESS The weekly sitting of the ,Magistrate’s Coyrt, New Plymouth, for civil business was held yesterday, Mr. T. A. B. Bailey, S.M., presiding. JUDGMENTS BY DEFAULT. Judgment by default for £1 5 S (amount of costs on claim) was given against J. E. Still at the suit of L. B. Webster (Mr. A. R, Standish). On a judgment summons Keith Waters, who did not appear, was. ordered to pay Thomas and Johnston (Mr. A. R. Standish) the sum of £2O IBs 3d forthwith, in default 21 days’ imprisonment. At the suit of Ambury Bros. (Mr. Etherington) Noho Mirangi Te Whiti was ordered to piy amount of claim, £l7 Is, in default 17 days’ imprisonment. W. J. Thomason was ordered to pay W. P. Nicol (Mr. Standish) amount of claim ( £lO 8s Gd) forthwith, in default 10 days’ imprisonment. CAPACITY OF CORDIAL BOTTLES. A claim for £Bl 19s 7d was preferred by Hughes and Cossar, merchants, of Auckland, against C. 0. Steffensen, cordial manufacturer. New Plymouth, the amount being for the price of goods ordered on behalf of defendant and expenses incurred through his failure to accept the delivery. Mr. R. H. Quilliam appeared for plaintiff, and Mr. A. C. Lawrey for defendant. Mr. Quilliam said that in 1918 defendant ordered from the plaintiffs, who were indent agents, 25 gi-oss lOoz. mineral water and in 1919 the bottles were delivered to defendant, who accepted them. Six months after receipt of the first order he telegraphed ordering 25 gross of bottles, the same as last, but when they arrived he refused to accept delivery. Counsel understood that the reason alleged by Steffensen was that the bottles did not comply the order as regards size. Carl 0, Steffensen, defendant, said he did not open up the first order of bottles till January in 1920, and then he found that they were too big and wrote notifying Hughes and Cossar. The bottles were 12oz. instead of being lOoz., and this mdant that on a gallon of syrup he could only fill 7 dozen bottles instead of 9 dozen as usual. When the second order came along he found they were also 12oz. bottles and refused to take delivery. , A number of bottles were provided as exhibits, and from measurements made it was seen that in some cases lOoz. bottles held quantities varying from just over ten up to eleven ounces. Evidence was given by Reginald Pike, cordial manufacturer, and Alfred Mason, cordial factory manager, as to sizes of bottles and the practice in the trade generally. His Worship said plaintiff was entitled to judgment. The amount was not fixed pending settlement of some items as to expenses.

A SALE OF DAIRY STOCK. A claim for £52 damages for breach of warranty in connection with the sale of some cattle was preferred by Henry Coble, of Paeroa, and formerly of Ngaere, against N. W. Hill, of Hillsborough. Mr. Coleman (Stratford) appeared for plaintiff and Mr. F. E. Wilson for defendant. According to, the statement, made on behalf of plaintiff by Mr. Coleman, the facts were that Goble, in 1919, was desirous of purchasing a herd of dairy rows for the ensuing season, and in May, accompanied by the manager of the Farmers’ Co-op., Inglewood, paid a visit to Hill’s place. Plaintiff stated he required in-calf, sound cows, and Hill’s were quoted at £22 per head, at Goble subsequently bought subject to warranty. The cows were supposed td be July, August, and September calvers, and all came in during the months stated except six which plaintiff rejected. Three of the cows which came in, however, were found to be each blind in one quarter, and Goble noti» fled Hill of this. After a number of representations to which no reply was received, he decided to sell the cows and they realised £G each. Plaintiff claimed tKe difference between the £lB which the sale realised and the £66 which he originally paid, plus £4 for grazing. Plaintiff, in. evidence, said he signed a sale note at Inglewood during the deal. The note had been already signed by Hill and contained particulars of .the sale and guarantee. Evidence in support of plaintiff’s case was also given by Frederick G. Partridge, manager of the Farmers’ Co-op., Jnglewood branch, and C. Willing, farmer of Ngaere. 'The defence raised was that there waft no written warranty, but if there was it only applied to the condition of the cows at the time of sale, as they were already in milk.

Evidence was proceeding when the Court rose till next Monday.