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THE COURTS-TO-DAY., Issue 8043, 21 October 1889
(Before His Honor Mr Justice Williams.)
Re Francis Alfred Pierce, a bankrupt. Mr Macdonald applied for a final order of discharge herein. His Honor remarked that lie had read the report in this case. Did the Assignee wish to add anything to what was contained therein ?
Mr Ashcroft: Nothing, your Honor. It was a fairly representative meeting at which the creditors decided to recommend the bankrupt for his discharge, Pierce was a commission agent, and illness appears to have been the cause of his bankruptcy. The order of discharge was granted.
RESIDENT MAGISTRATE’S COURT.
(Before E. H. Carew, Esq., R.M.)
vSandison v. Bull.—ln this previously heard case, in which Mr Solomon appeared for plaintiff and Dr Fitchett for defendant, His Worship gave judgment as follows :
This is an action for the price of twenty cases of apples. The evidence shows that defen. dant’s manager, Mr Freeman, called at plaintiff’s warehouse by appointment, and was_ there shown a number of cases of apples, variously stated by different witnesses as numbering four or five and up to twelve in number, already opened at the top of each case for inspection, and a bargain was then made for twenty cases. The opened cases were then nailed up, and with otlier cases, part of a larger number to make up the twenty, were sent to the defendant, On the following morning defendant opened out one case and found the apples so packed that three layers from the top were good apples and the remainder worthless, or nearly so; and on opening several other cases found them alj packed in about the name way. The defendant then rcturnnd all the cases ot apples to plaintiff. Mr Freeman rays that at the time he purchased he looked only at the apples exposed to view at the tops, and not further down in the cases; but the plaintiff says to the contrary that he lifted up the apples and examined well into the contents of tbo cases. There fa no doubt in my mind that if Mr Freeman had seen the quality of the apples below the three top layers he would not have purchased, and that he was deceived into buying by the quality of the apples on the tops of the cases. The apples were imported by plaintiff, and there is no evidence to show that he was awaru of the trickery used in packing, therefore it c nnot bo said ho was guilty of fraud; but the view I take of the case is that the plaintiff, in exposing the good apples that were at the tops of the cases, ami thereby leading him to purchase on the faith of those being a sample of tho bulk, did what is equivalent to warrant that the bulk of tho apples would fairly correspond with those so exposed. The ea'e, in my opinion, was a sale by sample—the simple being the apples seen by Mr Freeman at tho time of purchase—and there is no doubt thp bulk is far inferior. Judgment for defendant, vith posts (MGs fid). Mr Hosking (as representing Mr Solomon) : Your Worship' does not find that the apples were top-dressed by plaintiff ? His Worship: Ido not find that there was any fraud. Mr Hosking asked and obtained leave to appeal.
CITY POLICE COURT. (Before Messrs W. Hutchison and J. Hyman, J.P.s.) Dkunk f.nness. —For being drunk Walter pixon (who it was stated had been giyen every chance to reform, but who was m?w charged for t}ie fjfth time in six months) was severely pautiope'd by the Bench and fined 40s, in default one month's imprisonment. Marqarel VeUr.h (six previous convictions) was fined 20s, in default forty-eight hours’ imprisonment, Rimma Drown (ten previous convictions) pleaded guilty,—Sergeant O’Neill said that accused was creating a great disturbance in Moray place on Saturday evening, her language being extremely coarse,—The Bench said that accused’s conduct was very bad, and she would therefore be sentenced to fourteen days’ imprisonment with hard labor.— Two first offenders were convicted and discharged. One of these (a girl) said that she intended to go into service, and would give pp bey Imd life ou condition she was given another ohauoo.
Disorderly Conduce— A(Hm Kyle and John Williamson (two lads) admitted be ; having in a manner calculated to provoke a breach of the peace.—Sergeant-major Bevin said that it was not a very serious affair. Accused had quarrelled over some girl, and ha 4 started a row in the street. Constable RuttleSge, pofcfcjng the disturbance and seeing that a large urowd was pqljeoting, had arrested them. It was their first offence, aud they were hard-working youths; but some of the lads of South Dunedin seemed to think that whon they came to town they could do as they liked.—The Bench said that as accused were in employment and had never been charged before they would be convicted and djspharged.
THE COURTS-TO-DAY., Issue 8043, 21 October 1889
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