IMPORTANT MERCANTILE CASE.

Evening Post, Volume XLVII, Issue 89, 16 April 1894, Page 3

IMPORTANT MERCANTILE CASE.

In tbo Supreme Court this morning— ''before Mr. Justice Riohmond— a oa?e of "considerable importance to the mercantile "oommunity was begun, when Grimm & Co., merchants, of Hambnrg, sued John Man t tan. importer, Wellington, for tbo recovery of ■-JESS I2s, the amount of a bill of exchange 'accepted by the defendant in favour of the iteintiffs in payment for a shipment of Austrian ohaira. f Tho defence was that the invoice sent with tho ohairs for the purposes of Customs did not discloso the true value of tho Roods in the principal market of the country of export, and that in oonsequenoe *of tho Emission the goods had been seized by the Customs authorities. It is provided 'in the Customs Aot that if the invoioes sent ■ fer Customs purposes give an under value to 'the goods, the price of the goods oannot be : recovered. As an alternative defence, the defendant pleads that the chairs were warranted to be equal to Thonet's No. 14, and that they do not answer that description. The defendant also counter-claims for duty paid and damages. Tho plaintiff is represented by Mr. Treadwoll, Mr. Haselden being for doendant. • Evidence was given by Carl Loohar, the local representative of Grimm A Co., to the effeot that he had received an order from the defendant for 24 dozen oane-bottom •chairs at 46s per dozen in tho ship's slings At Wellington. In a general way he received ■word from the defendant that the Customs '•had seized the chairs on their arrival from jUamburg. He then w ote to tho defendant •expressing a hope that he would pay the .draft. After the order for the 24 dozen .ohniru, and before their arrival, another .order for 50 dozen was given. . The ohairs were supplied at 23* a dozen, but charges, .duty, *0., brought tho amount up to 46s a dozen. It did not strike him that la lid was an unusually low price. Mr. Haselden— Thonet's ohairs were worth

3b eaoh in Hamburg. He considered Grimm &, Co.'s chairs were equal to Thonet's. By Mr. Tccadwell — Mr. Manttan made it a condition that tbe chairs should not cost moro than 46s a dozen alongside the Wellington, -wharf. He recollected passing through the Customs a consignment of Grimm's chairs for Scoullar & Chisholm at 2s 6<l eaoh. The factory was about Bo miles from Hamburg. Thought the defendant said ho did not care to pay duty on 4Gs. [Left Hitting.]