MAGISTRATE'S COURT

Evening Star, Issue 17484, 15 October 1920, Page 7

MAGISTRATE'S COURT

Thursday, October, 14.

(Before H. Y. Widdowson, Esq., S.M.) Judgment hv default, with costs, was given for plaintiffs in the following cases:—Johnston, Sons, and Co. v. Thos Kirkwood (Auckland), £7, 3s. for books; same v. George James Howard (Wellington!. £3, for hooks: same v. Joseph Walker (Auckland). £3 8s 6d. for'books • Albert K. Fish v. L. M-Randell (Auckland). £2 7s 6d. for goods supplied ; London Piano Company v. Thomas Tree (Tuatapera), £5, balance due on sewing machins ; Wimnenny Bros, and Reid, Ltd.. y. Thomas M'Taggart, £5 10s, for goods supplied.

Defended Case.—Sargood, Son. and Ewen. Ltd. (Mr O'Shea), v. Joseph Hannah, hawker (Mr F. B. Adams).—This was a claim for £44 16s 9d for ffeneral drapery sold and delivered to defendant from October 19, 1915, to January 8. 1917. The defence was one of mistaken identity, defendant denying that he had received tho goods, in question, he having ceased to deal with the firm seven years ago.— Donald Munro. accountant for plaintiffs, said ho knew the defendant. Previous to three years ago defendant was a regular customer with the firm, but since then they had lost the run of him. ■Payments were made in odd amounts either bv defendant or his wife.—Robert Stevenson, clerk, also gave evidence.—Mr Adams saidhe was prejudiced by' not having particulars of the goods supplied, so that his client might have an opportunity of identifying them.—Mr O'Shea said "that,, following the firm's usual custom, the invoices for the period covered in the charge had been destroyed. He could, however, prove by the production of book entries.— Mr Adams contended that this would be quite insufficient.—The Magistrate said that he would adjourn the matter for a fortnight to give the ' plaintiffs' counsel time to consider his position,