COURT NEWS

Grey River Argus, 16 August 1934, Page 7

COURT NEWS

SKILL OR CHANCE? NEAR THE BORDERLINE. (Per Press Association.) WELLINGTON, August 15. Charges of advertising a lottery, establishing a lottery, and conducting a lottery, made to-day against Fuller, Lipton, Ltd., were dismissed by Mr La wry S.M. Th e charges arose out of a scheme In which the purchasers < f pounds of butter received tickets which entitled other articles to be purchased

at half-price. The tickets bore numbers, and if the purchaser could fir.d an a-riclc in the shop bearing a similar number, he could buy it al half-price.

The defence was that the pu - chaser had to use diligence and skill to find the article. The Magistrate said that if a, man were sufficiently patient and observant, he could manoeuvre the pur chase so as to obtain a particular article at half-price PETROL SELLER’S CASE. WELLINGTON. August 15. During the hearing of the action of Leach, petrol station proprieb r, against the members of the Petrol Resellers’ Organisation Senior-Sergeant Caldwell said the plaintiff complained that certain individuals were following him for the purpose of trying to pre-

vent him carrying on business. Read was interviewed, and he admitted that he, on one occasion, had been m the vicinity of plaintiff’s «ervi< tat ion at night. He was approached by a constable, and .witness understood, Read did not give any lucid explanation as to why he was there Read was the only defendant with whom witness had come in personal contact.

Rub\- Isabella Leach, wife of the plaintiff, who accompanied her husband when he purchased petrol from various service stations, detailed the varit us dates on which sh 0 and he’ - husband were followed “The issue has never been one <*f driving Leach out of business f but of

maintain'ing resellers’ interests, generally,’’ said Mr Taylor, opening the defence. The right of' the plaintiff to trade was not denied in any way, but if in proper exercise of defendants’ right. Loach suffered damage, he had to take the consequences. Al] that the defendants did was to act in lawful exercise of their right- abnsiness men. What they had attempted to do was to establish a fair level of prices, not only tor the benefit of themselves but for th e public generally. Assuming for the purpo t of agreement that Leach had suffered damage, hafl still been no malice shown against him. He preferred to go his own way and defendants were entitled to say they would have no more to do with him.

The President of the Wellington Retail Resellers’ Association. William Murray King, said it would not he possible to make a profit if all resellers sold at Leach-’s price. It had been felt by the executive that Leach was not acceptable as a member of the Association. When the Gilmore supplies were cut off , witne?said he had approached two re sellers and pointed out that it was not a fair thing for them to supply Leach. Tt was something that could only remit in injury to themselves and the rest of the re-sellers.

ROLLING'S CASE.

WELLINGTON. August 14. “Although the evidence seemed conclusive in proving the claim against Holdings, there had been nothing to show that his reputed ex-partner. Eagar, had entered at all into the transaction complained of, or was in any wav blameable.” said Mr Justice Ostler, in giving judgment in the Wellington Supreme Court to-day, on *a civil claim against William Perry Bollings, a former solicitor, and Edward Fitzgerald Eagar, school teacher. The case against Eagar was non-suited, and judgment against Bollings, who had entered no defence was adjourned until further consideration by the parties concerned The p’roceed'ings were Drought by Mrs Agnes Elizabeth Powell, Johnsonville, who claimed from both defendants £4OO principal, plus interest. She alleged that without her knowledge or approval, the £4OO had in 1929 been invested by Bollings on properties owned at that time by hnnseli an* Eagar, 'and fh« had not recovered it. As there have been many involved legal points outstanding in the pro erodings, His Honor agreed to stipp’y a written judgment to add to the orai decision.