FINANCE AND FURNITURE.

Lyttelton Times, Volume CVIII, Issue 12934, 30 September 1902, Page 3

FINANCE AND FURNITURE.

STRONG COMMENTS BY A MAGISTRATE. "A CRUEL, ABOMINABLE AND UNJUSTIFIABLE BUSINESS." A story that provoked even the phlegmatic Magistrate to depart from his wonted calm was told "yesterday afternoon at the Magistrate's Court by a young couple, who were married in this oity some seventeen months ago. It was in connection withi a claim made bv William Henry Ma.*on against William Pike and E. Pike for the sum of £l9 13s lOd, being the alleged value "of certain furniture taken from the plaintiff's house by defendant, and a, further amount of £6 claimed as damages caused for the defendant's action. The case set forth by the plaintiff was that when he was married, he purchased a number of articles of furniture, valued at about £29, from the defendant. He at the same time signed a bailment for the goods, and was to pay off his debt in monthly instalments. He had an understanding with the defendant that if the whole were paid within twelve months, he would be granted a rebate of interest, amounting to £2. He paid ten monthly instalments, and when the time came for the final payment of £2 17s, the defendant denied the Agreement for the rebate, but offered the plaintiff's wife £1 worth of goods a-s a. sort of discount, if the full amount of £4 17s were paid. The plaintiff at first refused to pay this sum, but, finding that he could get no satisfaction, made up his mind to- pay it. He thereupon sent the money to l the defendant, who refused to take it, saying that he had assigned the debt to Ihis son, E. Pike. On the day after the refusal, a bailiff and has men came to the house and seized furniture, valued by the plaintiff at. about £l4 This was notwithstanding tihe fact that the plaintiff had) offered to pay the money so soon a»- he should obtain a full receipt from the 'defendant, nullifying the bailment which the latter held. The evidence of Mrs Mason and her mother was corroborative of that given by the plaintiff. The defendant said that the plaintiff bad refused to pay the bailance of £4 17>! the last two instalments, for some reason quite unknown to him. He had never made any agreement for a rebate of interest, and held that until the plaintiff had fully discharged his liability, he had no interest in the goods. Under cross-examination as to the details of the seizure, the William Pike, admitted that he had assigned the furniture to his son for the sum of £1 because he was "tired of worrying about it He did not uarticipate in the proceeds of its sale at Mr" Harding's auction rooms. He made no arrangements for its seizure Documents were put in to snow that William Pike had assigned the debt to his son on August 27, the day on which the goods were sold at auction. After Mr Rußsell had addressed the Court on behalf of the plaintiff, and Mr Johnston for the defence, the former pointing , out that the Court could go behind the bailment in order to ascertain the true nature of the transaction between the parties, Mr Beetham, S.M., delivered his judgment in the following WOT ds- "This is the cruellest and most abominable piece of business I have been asked to investigate for a long time, it is cruel, abominable and unjustifiable. 1 don't often use strong words, but I must do so now, for the whole thing stinks from top to bottom. These young people get furniture from Pike in the common way, agreeing to pay soi much on account and so much a month for twelve months. Then they are told that they will get their interest taken off if they pay within the year. They go on paying regularly for ten months, and then, being ready to go on with their final payment, they enter into negotiations with Pike about the payment of this interest. He wants to compromise by offering them £1 worth of furniture, wnich. might be worth 10s—(I suppose he makes TOO per cent on it). Naturally enough they kick at this, and' then suddenly, without anybody ever thinking of such a thing, half their belongings are geized and carted away because they have not shelled out the last ' few shillings. Pike, who is ashamed to carry out this dirty business in his own name, transfers the debt to his son for a pound, and he is to do the dirty work for what he can get. The true nature of the transaction is an absolute sale with a bailment as collateral security. Under' Section 97 of the Magistrates' Courts Act I give judgment against both the defendants for the full amount claimed, with, costs." After thinking for a moment, his Worship resolved to alter his judgment so that the plaintiff should recover £l6 16s lOd, being the value of the furniture seized, less the amount of £2 17s owing to the (defendant, and £5 as datmages. The plaintiff was, therefore, allowed the rebate of interest claimed. Mr Johnston remarked that Mr Pike would probably give up helping young couples to start in life, and his Worship's reply to this was that such a course would probably be 'better for the young couples. The provision made by Section 97 of the Magistrates' Courts Act, 1893, is that the Court Shall give such judgment between tho parties as it shall find to stand with equity and good conscience.