FRIDAY.

Wairarapa Daily Times, Volume XIII, Issue 4202, 26 August 1892, Page 3

FRIDAY.

Mr Bunny stated that tho facte of the case for the dofenco wero these; On the 28rd April Miss Corbett with her mother went lo the music warehouse of Messrs Campball and Clifford. She saw Mr Clifford and purchased a piano for £55, A deposit of £3O was paid. The piano waspuri ohased from thn London and Berlin * Piano Company and was delivered on the same day by Mr Campbell and bis On the 28th Apri Campbell went to the Pioyal Hoto With an agreement, whioh ho showed to Mrs Rayner, in the absence of Miss Corbett, Mrs Oorbett snid thero had been a mistake, as tho price of the piano was £55, not £GS as ho stated, Campboll tried to bounce her, but eventually he went away. He returned again the same day and saw Miss Corbett, but she told him that unless he stood by tho original agreeLEicut he could take the piano back. He impressed upon her the importance of signing that day as he had to get the agreement signed and sent to Auckland. He left, but came again ou tho following day with an amended agreement, Miss Corbett and her mother would swear that the name of C. H. Campbell was not on the agrcoment when it was signed, and Miss Corbett believed sho was signing a contract with the Company. The agreempnt in itself was a complete -■fraud, as the evidenco would show, The amount charged for the piano was £lO more than it should have been, The correct price of the piano was £45, and Mies Corbett, having paid £BO, could not be expected to pay the £2O to Mr Pownall. Charles Clifford, on oath, deposed that he had been in partnership with C. H. Campbell in a music depot. They entered into an arrangement with the London and Berlin Piano Company, of Auckland, whereby they were to act sb agents for the sale of musical instruments, Ho dissolved partnership with Campbell on the 28th or 29th of April, On tbe 23rd of April ho sold Miss Corbett a piano for £55, on account of tho London and Berlin Company, A deposit of LBO was paid. He discovered afterwards that the price of the pi»no should have been £45. He told Miss Oorbett some time afterwards of the mistake, She was to pay the remainder of the purchase money in instalments of 25s a month. The piano was delivered on of purchase by Campbell. The transaction over this piano was partly the cause of his dissolution, Campbell got him lo send a wire to tho Piano Company that the £3O had been placed to their credit, Hedidso, but subsequently discovered that the money had not been paid in, The pay-card produced was similar to those issued by the Company, except that the namo of Campbell appeared upon it. Witness had seen Miss Corbett, with the agent of the Company, about the piano. The agent stated that tho instalments due would have to be paid to him, os he did not know Mr Pownall in the matter. Ho heard the agent say that the price was £45.

By Mr Pownall: They wore advertised as agents of the London and Berlin Company, The name of the Company was Btamped inaidc every instrument. Mr Campbell was left in such a position that ho could have sold the instruments for cash if he so

desired and pocketed the money, CXupbell bad possession of the doculnerils and title of sale, which he could have dealt with if he desired. Ho was not prepared to Bweur that Mr Campbell was not the owner of the piano on the 29th of April. Emily Eayner, mother of the defendant, deposed that her daughter had bought a piano from Mr (Jliflbr3 on April 23rd. She paid £3O down and had to pay the rest in instalments off 17s 6d a month. Mr Clifford sold tho piano on account of the London and Berlin Fiano Company, and Bflid an agreement .would have to be drawn up between her daughter and the Company, Campbell took an agreement to the hotel on the evening of the 28th April which he - • said he wanted signed at once, as he (aid he desired to send it to Auckland. Witness pointed out that the sum stated was M instead of £55, Would not sign the agreement until rectified. Campbell came again next morning. Mr Cork accompanied Mr Campbell on his first visit, Her (lighter came in while they were waiting, On the second visit Mr Campbell said there had been amis-* take in the price, and he would have to lose ten pounds, He (Campbell) would have to be responsible for the ten pounds to the Company. Mr Cork was not present on the second occasion. The agreement was finally Signed] Campbell agreeing to take £55, Had read the agreement through but did not notice whether there was aiiy erasure, or whether there wsb a pta'mp on it. Subsequently Mr Caldi> cott called and told Alias Corbett not to pay any more on the piano until she heard from Auckland, At the interview he told them they had beon overcharged, the price of the piano being £45, &By Mr Pownall: The agent (Caldicott) said that Mr Pownall had no right to receive the instalments. The agent did not guarantee tho costs if they went to law and lost the case. Jessie Corbett, defendant, deposed a certain day she went to tho esffilishment of Mossrs Campbell &

Oliffofd and agreed with Mr Clifford to take a piano at' £55, paying a deposit of 130, Mr Clifford said he mi agent for the London and Berlin Piano' Company, "It was then arranged that witness pay £1 7s (3d : per month pn the balance owiiig, pliflord said it would be necessary to sign a paper to show the Company, Mr Campbell and Mr Cork subsequently called at tbe fioyal Hotel and produced an agi'e ment for £GS, Refused to sign abd old Campbell he could take the pian back. Campbell said Mr Clifiprd bad piade a mistake and should hear pf it when he got back to the flhop, Mr Cork was present at the Interview although witness aptl her pother objectedi because be was a stranger, Campbell called again next morning with an agreement for £55 eayiDg be would lose £lO and let the gpiano go at tbe piice offered, The agreement was not in (he same conditioanow aB when signed, The words "imager of London and Berlin Company" were not scratched out and the initials "G, C. C," were not there, Mr Cork only signed his name as a witness, Made two payments to Mtfownall, f||B noßfl. {5 m ; ke these paymente came while agreement was being signed, "When witness asked Mr Campbell what it meant Campbell said.it did not matter who sjiq ipaid,' either ljinisp'lf Or Mr FoVoUll..'Understood frM Mr Carriebell that tbe agreement was with'the company. Two paymcnl's'were made to Mr Fownall;' Uefore'tlio'tbird was due Mr Caldicott calletl and told her that" they did not recognise Mr fownall in the matter and that

[aim had been overcharged. Mr (Jaldicott also said they would draw up a fresh agreement and make the payments lighter. Some time -after Mr Searl told witness that Mr Pownalll would indemnify horngahift the Berlin Company if she would pay £2O in settlement, Word waß sent by Mr Pownall through Mr Searl that unless the instalment of £1 7s Gd was paid he should tako out a summons.

At this stage the further hearing of tho case was adjourned until 2 p.m. on Thursday next.