A TAILOR'S CLAIM.

Sun (Christchurch), Volume VI, Issue 1643, 21 May 1919, Page 3

A TAILOR'S CLAIM.

FOR GIRLS' COSTUMES. CURIOUS CASE AT AUCKLAND. Press Ai:octation. AUCKLAND, May 20. A claim, of particular interest to womenkind and drapers, was heard in the Magistrate's Court to-day, before Mr J. W. Poynton, S.M., wdien James Hansen, tailor, Karangahape Road, sued H. Grace (IS) and E. Grace (17)' for the price of costumes sold and delivered to defendants during November last. Counsel for the plaintiff 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 to be his wife, and another costume was paid for. He then introduced defendants, by which time plaintiff had discovered that a cheque previously paid over by Phillips was valueless. He therefore took Phillips aside and pointed this out, but he said the ladies would pay for the goods themselves. He booked their orders accordingly, and no payment had been made. Counsel said he 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, the claim was for clothing that was necessary for defendants. Mr Singer, for the defendants, said the man Phillips had been in trouble several times, and since the purchases was in gaol. The defendants were introduced to Phillips by $f 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 against the man. Phillips wanted to buy Hazel Grace a ring as a birthday present on November 7, but her father objected, so Phillips said 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 respousibilitv. 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. Witness said that Phillips always seemed to have plenty of money. Counsel: Yes, ho got £250 from a person at Newmarket. Phillips is a well-known gentleman, Continuing, witness described the visit to the tailor's shop, and what l§d 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 8/for a costume. Counsel: I hope you never will. His Worship said the plea of infancy w s quite in order. The costumes purchased, looking at the price, were quite beyond defendants. Proceeding, he commented that the question as to whether the goods were necessary was an open one. Girls in the colonies were accustomed to going iu 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 entered for defendants, without costs, as they had benefited by the transaction.