JUDGMENT FOR TIMBER FIRM

Hawera Star, Volume LIV, 17 June 1935, Page 3

JUDGMENT FOR TIMBER FIRM

MATERIAL SUPPLIED F.OR HOUSE

ACTION AGAINST MAORI WOMAN

Through an interpreter-defendant• deemed that Jier luisiiaiut hail ; any author-^. ily to order the goods. She said that slie had signed the rccpiest under pressure of her husband. She denied that she had asked Cowling -to advance sufficient money to pay 'Syme and Co.’s account, saying that the account was

Judgment for the full amount claimed. was awarded Geo. Syme & Co.. Ltd., who proceeded against a native woman. Hiro Takenga for the recovery of £6.°«s Id for joinery and other material: supplied in 1029, at the Hawera Court-! house last week. Mr John Hous-i ton appeared for plaintiff and Hr .T. O’Dea for defendant. Mr W. H.: Woodward, S.M., was on the Bench. Plaintiff's ease was that a native named Ashford ordered joinery and timber, saying that it was for the defendant, his wife, and that the payment would be made by George Cowling. The plaintiff’s salesman accepted the instructions in good faith, as the firm had had satisfactory dealings with j Cowling. The goods were delivered: to, the defendant's carrier, and. in due . course, Cowling was asked for payment. I His reply was that he had given no authority for goods to be charged to him, nor had lie made any arrangement; with the defendant to pay. He referred; plaintiff’s representative to Takenga. Later the defendant was requested by the plaintiffs to pay, and she signed a written request to Cowling, who had advanced moneys on security, to pay to plaintiff the amount of the account. This request was drawn up by a licensed interpreter, who translated it to her and certified it in the usual manner.. The request was handled to Cowling, but he declined to pay. iPrior to the signing of the request, Talqenga had given a bill of sale in favortf of Cowling, and evidence was given tdiat. when the transaction was being completed, Takenga asked Cowling to make a further advance to pay Synio umd Co.’s account.

! not mcntioiuL'd in Mr Christie’s office. ■Under cross-examination, slie would not admit that the house was hers, though, her mother was living in it at present. She admitted that a- quantity of material such as wallpapers, bricks, paint and a range were obtained from the JCaupokonui Store and paid for out lof milk, moneys due to her, but she ■did not authorise'anyone to procure the goods there. Everything'she had done was under pressure of Ashford, of whom she was frightened. In giving judgment, the magistrate said that the defendant swore the debt was not hers, that the joinery did not go into her house; that the-document produced in court was signed under f pressure, and that Syme and Co.’s aeI count was not mentioned when, the bill lof sale transaction was completed at Mr Christie’s office. On the other hand, Mr .Tones’ understanding of the position was that the document was given to settle her debt to >Symc and Co. Cowling, though someWhai indefinite on some points, was sure that plaintiff’s account was mentioned nt Mr Christie’s office. Mr Christie isaid definitely that the. account was mentioned and that Takenga wanted inore motrrey to pay it. The defendant had lived In the house and her mother was living .in it now. Ashford, was -a stranger to the district and he had no right to build in the pa. Takenga was not over-ruled jiy her husband, and the house was built for her on her land, and the debt was hers. Judgment would be given .plaintiff for the full amount (£152 3s lcj), with costs £3 2s, solicitor’s fee £i 3s aud witnesses’ fees £2 Us lid.

The builder gave evidence to show that the joinery from plaintiff s yards Was used in defendant's limise, and evidence was also given as to the defendant’s right by native custom to build in the pa, whereas Ashford had

no such right. Evidence was given for: the plain tiff bv Allen Hampton' (the. salesman)

George Cowling, A. J. Christie (solicitor, Manaia), M. R. Jones interpreter), and Hick Ngalai (the

builder)