GREY MAGISTRATE'S COURT

Grey River Argus, 12 March 1913, Page 5

GREY MAGISTRATE'S COURT

. = "♦ : . ■-. TUESDAY, MARCH 11th. 1913.

.(Before J. G. L. Hewitt, Esq., S.M.)

. Judgment was given for plaintiff by default in each of the followingcases : — Boroug-h Council (Mr. J. Bun nan) v. John P. Hogan. labourer. William street, Greymouth. claim .£9 2s 8d for rates and costs £1 3 S 6d; Guinness and Kitchingham .(Mr. F. Kitch-ing-ham) v. Mary Jane Berg- S trom, hotelkeeper. Hokitika, claim £k services rendered and costs 10s; Grey Cooperative Society (Mr. F. Kitchingham) v. Patrick Dinnan, labourer-, Cobden, claim ,£ls 3s 6d. g-oods supplied and costs £1 '10s 6dj same v. John Osborne, Runanga, claim. /.18 2s 7d. g-oods supplied and costs £X 3s 6d, same v. W. Johnston, goods shed employee, Blaketown. claim £7 6s 8d and" costs £1 3s 6d ; William Goard Greymouth (Mr. F. .Kitchingham) v,. James; Blocksage/ labourer,- Grey : mouth, claim £2 8s rent and costs 10s.; Wm. Guthberlet (Mr. ' Sargent) v. John Sittleton, Runano;a. ; claim 18s 6"d goods svifiplie.d and costs 8s ; Gum ness and Kitchingham v. Trnnz and Kernick. Waiuta, claim .£lO 10s professional services and costs £1 13s 6d. "ALAS. THOSE CHIMES!" • Harley and Co. (Mr. F. , Kitching-, ham) v. John Morton (Mr. Doogfan)' claim £8 5s goods sold at an auction sale. Harry C. Harley, of Hadey and Co., Ltd.- ,said that he was the 'holder of an auctioneer's .license. Mr. Davidson brought out a large consignment of g-oods from. England and instructed Harl-ey and Co. to sell the goods by auction. The goods were advertised as being" sold by • Harley and. Co. Witness sold a portion of the .goods and Mr. Davidson a portion of them.. The lot that was sold to Mr. Morton included a solid silver tea service of ' three, pieces, a ladies' bag-, a gent's watch, a ladies' watch and a clock The bidding- was for the lot which was knocked down to defendant for *;£8 10s As each particular, line was n eld up the auctioneer (Mr. Davidson) explain ed eac Mine, and holding-' up the clock said that it was a chiming- clock and turning- the hands back caused it to, strike the hours and half hours. The clock was ' then put in 'with the lot of goods and sold to defendant. 'The conditions of sale Avere displayed close to the auctioneer and \v ere easily seen by the public. Some frames were knocked down to defendant for 2s and defendant accepted immediate delivery of them. The watch was described by the auctioneer a s bing worth* £3 or ,£4, and so on, with the other l:ncs, the^ teji-set being- ( said to be worth £15 15s ; but people never took these remarks serioug and if .a line was said to be worth £?> an auctioneer considered himself lucky to g-et 10s for it. The clock was sai-d to be worth £3 3s. The ladies' watch was of a type that would sell at about £2-. Witness paid Mr. Davidson the amount of the sale £8 ss). The next morning after the sale Mr. Morton rang- up to say that the clock would, not go. Witness told defendant that he v,-as not the responsible person and got Mr. Davidson to go to the telephone. The clock was sent round to Mr. Mflner, the watchmaker, and repaired being- afterwards delivered to defendant. Witness subsequently heard that defendant had refused to take delivery of the goods and went round to see him. Defendant said that he would not t.ike the g-oods as the clock was said to be worth ;£3 3s and was also represented as being; a chiming- clock, whereas it was not. Witness said to defend vM that if he took up that attitude witness would place the matter in etner haaids. ■ ; To Mr. Doogan : Witness admitted that the auctioneer, Mr. Davidson, described the clock as a chiming clock but he explained what he explained what he meant by the term. It was quite possible that- the auctioneer said the clock was in good g-oinp- order. The auctioneer was the fairest that witness had ever seen. If defendant had not received the ladies' watch he was entitled to it although it was not charged to him. On the previous day defendant bought a ladies' an d, gent's watch for £8 but afterwards returnee? them saying that he was ijot satisfied with them. Witness saw the ladies'' watch on tjie tray before it; was delivered with the other g-oods to defendant. Defendant might have oou^ht other goods, the sales .of which wi-' ness might not have seen. Wilncts felt quite sure iii hjs own mind !/m< the ladies' watch was. delivered v ith the gent's watch and the ether go ds and did not belong to a Tot pre\i< usiy. bought. The goods were delivered to &£sßndznt just a 5 he "bought t\ca\. To Mr. Kitchingham: The -watch was placed on a. tray with the o'her watch and held up for insp2c-;on. To the Magistrate: The clock as it stood now would be worth about £1 to 255. ' Wm. Rathburri said that he remembered a clock similar to flic one produced being put. up for sale. With the clock were also put up a gent's watch and .a silver tea set. Witness was bidding for the lines but "pulled out." Mr. Davidson, the. auctioneer, turned round the hands of the clock and witness 'heard the clock strike but heard no chimes. Albert Rholoff, employed by Harley and Co. said that the lot secured by included a clock a tea set a hand bag .a gent's watch and he thought a ladies' watch but was not sure .about the : latter line. The clock was 'described as a chiming clock but witness could not remember whether it was said to he in good order or not. - :. Mr. Doogan said that the whole question turned on whether the defendant was bound to accept goods v hich did not correspond with what he thought that he \vas : ,buying. The clock was described as being a chiming clock (which it was not) v/es also said to be in good order (which also it was not). Defendant, John Morton, merchant, said that when^he bought the let rhe clock was described as a church rhi ■fling- clock. Witness bought the thi'fc conscientiously believing it to be what" it Avas represented to be. He thought that he could rely implicitly on the statements of the auctiorfecr. When he got home he founVl that ''he <:Uc'k besides not striking would not gu at all. Some time after the conversation Mr. Harley came, into witness's shop to see about the line amd witness said that he would pay. the full amount of- the goods less £3 for the clo'i otherwise he would return the.lcK ar>:V pay, nothing. ; To Mr. Kitchicnghanr: Witness had; some, other rhi)»m# clocks .and bcy.ifi:. this one for speculation. „ James Vial, hotel-ks^P t.r .said that Ke .was present at r ,the sale referred to and remembered the clocic being clcT.cribed as being a chiming cock, The auctioneer turned 'be hands iound and witness " heard •^something-- strike. Judgment was given for, cp^ain tiff.