TOKOMAIRIRO.

Clutha Leader, Volume I, Issue 14, 8 October 1874, Page 3

TOKOMAIRIRO.

M'LENSTAN V. DANIELS. Claim for L 6, purchase money of a sewing machine bought at, a sale of •Wm. M'Millan's* furniture, &c. Defendant pleaded fraud by misrepresentation. Mr Taylor for plaintiff, Mr Reid for defendant. Mr Taylor submitted that .the J'plea being an -affirmative plsa, the defendant must open the case. His Worship having ruled to this effect — I' ; Mr Reid called several witnesses in I support of his case, \fahich was to .the following effect, -viz., that Messrs Capstick and (Jo. had advertised that cer-. tain furniture was to be sold, being i M-MiUan's furniture, comprising^ amongst other things, a -sewing machine. At the sale the defendant (Daniels) bought the machine, but it turned out afterwards not to- be McMillan's, but one belonging to another person. Daniels, appeared to have repudiated the sale. ■-„,. .. „ . .. Mr Taylor's- cross-examination was directed to showing that at the time, of sale Daniels had full opportunity of examining- the •'machine^. that-iie had* seen this-one at M'Millan's brought. vp 1 • from : town and knew what it. was like, 1 that there were points of distinction between. the machine sold, and the one brought up, and that Daniels bought with his eyes open. • • ' •.'[. ' . > ..f ' '.-'. Several- other -witnesses were called by Mr Reid for defence, and amongst them > .-.,.,_..- --'•■ ■ Mr Capstick, auctioneer, who said the machine sold was- sold, at a cheap rate in his. opinion, and that he lingered over the.- sale, of that particular article, it being pne-of- the. best at the sale, and that- defendant -was-close by and had full opportunity of seeing it. i j This Concluded' :the case for the de- ] fendant. :. ;,- t- ■ --'■: ■ - ).' , , ■ Mr. Taylor, for the plaintiff, in ad- | dressing; the Court relied up.on the fact i of Daniels. being present at the sale, and] close to the machine: when- put,, up for] sale, and also ; knowing, the machine which he brought up for M^Millan-pre-viously as- ample . evidence to establish • the point that defendant was within the principle of caveat emptor-.< The learned counsel commented on- the -evidence at length,-, and „s ubmitted the. w verdict should be. for^the. plaintiff. , ; . v\Pl Mi* Reid replied, and; contended that the advertisement published if not, ad-: heredtoj as theevidence- showed it was not; amounted- to ■ misrepresentation. in law*: . The whole.of the evidence showed ' that defendant when. -he went.iio buyv believed he was buying a specified ' article. „ „. .... „.. ;

i i ■ . ' . . ■ i. i " ' r His Worship : reserved judgment J)t the point raised by.Mr ,'i"aylbr's ;.. capeq emptor, ( and on the ilext Court day gayi judgment to the following eflect :— H( thought that the defence had'establishec no case to annul the purchase. : Tht advertisement, to his mind, was nothing more than an enhancement of the goods and comprised p.o warranty of title, and he thought that defendant had.considered.that hehad made a bad bargain, Judgment/for plaintiff , for amounl claimed, and. LI Is costs. „.

i! a wide, area,,, and^ the. great •progi'HKs)i& [ , c Crtlon y has also contributed largely.^ B: to the progress of the^cbmifiany. a : insur^rs : . r a|so, feel; thai, theyTprefbr^t^J 1 j deal directly with a •IbW/$W a !s^S@ =>! the ground ,that ; , by sadpnigldelaysl^p ; settlements are "bfren^yoided^rJ^er|rt 3 much curtailed..: t<l W^". havei.eve^been|fl I the steadfast adybcaf es for ;jthe , Bnppbr|||S : of local effbrm. to .meet known de^andsjl ■ when the business f can in s}% t advantageous ;a manner .ps otheryvise^ and Hence we can . fairly poiut , tq, tfcis^| and other local institutions, supplying;.^ *. an acknowledged: want,, cpndpcteaV' f prr|| , sound, business-like, principles,, '>% ■• liberally; and energetically,; Jcpq&uited^f • Notwithstanding .the ». the South British has dobe^ th^JN^^ > | Zealand instead •* of' .decreasing jort ref£^ • maining stationary- since .'/.ibliel^ S6utfi||^ r : British . was estabiished,,has^e^iar^ip; ;^ y increased its business,' 'as be seeSS^ » : by. a reference ,f o . th6 c dJrectora'l;;r'epbi^; ' ».. ifar the half-year.endihg 31st#a^8?-& >. I'rpm this it appears fh'at'the premiums'" ! '. *or the jiialf>year .ending 'M&^ayv '* ■ 1874, amounted to, L^.aii^; -teg an?- ■' increase # LiBJ79O uppji the p^pedingV \.\ > hilf-year,?and an. ■ increase 0f. , L'1 J,495; }■ : » ufjon the . corresponding, haif-yiear.;. o-jfp 1 $73. These facts ' speak for them* , ; , 1 selves, and we refer to them with pica- ' sure.— "New Zealand . Herald? Sept' 1 12,1874. . V-; . ■_' ' - • ' ■ . - -.-... . ..v ,tu. ; ■