ACTION OVER JEWELS

Evening Post, Volume CXX, Issue 140, 10 December 1935, Page 7

ACTION OVER JEWELS

INFANCY AS A DEFENCE )

Mr. John Amery, Ditton Lodge, Maidenhead, pleaded infancy in defence to a claim at Westminster County; Court recently by Elkington and Co., Ltd., Kegent Street, S.W., for £83 16s 6d for jewellery bought in June and August of 1932 (reports the "Daily Telegraph"). In. his written defence Mr. Amery, stated he was born on March 14, 1912.

The articles he bought from Elkingtons, it was stated, were a gold vanity case (£2O), diamond ring (£4O), diamond' and platinum ring • (£3B) —a' total of £98 16s 6d (including certain repairs). The sum of £15 had been paid. ' • ' ■■■•'•• Mr. Beecroft, for Elkingtons, said the onus was on him to prove that th« articles were necessaries having regard to Mr. Amery's station in life. Judge Sir Alfred Tobin: What doet c young main-want with a vanity, se?

Mr. Beecroft: Apparently for ' the g lady to whom he was then en..cd. The diamond ring was also r her. -.-'•■ The Judge: Where are the articles now? .

Mr. Beecroft: I think they.are in his possession, as she is his ■wife. Mr. Freschfield (for Mr. AmeryJ: I am instructed they, were not for his wife..

Mrl Beecroft said that in 1931 Mr. Amery bought jewellery at Elkingtons to the extent of £100, for which he paid cash. The assistants thought they were dealing with an affluent person. They knew he was living with his father, at that time a Cabinet Minister. The salesmen had no suspicion: that Mr. Amery was under age.

The Judge: Am I to understand that he has kept these goods?

Mr. Freschfield: He has not kept them, and it is rather difficult, when you have given things to a young lady, to say that you want them back.

Later Mr. Freschfield said he was prepared to admit the father was very well off, but he was not prepared to admit that the things ■were, necessaries.

Adjourning the hearing, the Judge said: "I suppose I shall not hear any; re of this case." .

. Mr. Beecroft: Your Honour would not be worried by me 'if we could get a reasonable proposition.- :

Mr. Freschfleld: I am afraid that the defendant is in a bad financial positiou and, does not like to make definite promises: . .

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