MAGISTRTTE'S COURT.

Marlborough Express, Volume XLIII, Issue 97, 22 April 1909, Page 8

MAGISTRTTE'S COURT.

J. J. CORRY AND CO., v. WALTER

SMITH

In the Magistrate's Court to-day, J. J. Corry and Co. (Mr Rogers) proceeded against Walter Smith (Mr McNab), on a claim of £9 Is 4d, for goods supplied by the plaintiff company as agents for Messrs Booth, McDonald and Company. The case was a continuation of an adjourned hearing of-the action from last week. Duncan McCallum deposed that he took the order for the goods from the c jtendant. The document produced was signed by defendant. The machine originally ordered was not in stock, and a cheaper machine, costing £2 10s, came to hand and was delivered to the defendant at the Royal Hotel. Witness did not recognise Satherle" in the matter at'the time the machine was delivered. Defendant's son and Satherley were present. The goods were not sold to Satherley. Frank Mogridge gave evidence as to advising defendant by letter of the assignment of the debt by Booth McDonald and Co. to Messrs Corry and Co.

Mr McNab contended that the service was not in accordance with the statute. The letter had not been registered, and it was therefore inadequate, and had not been proved. Mr Rogers said that the service could be proved by placing the defendant under cross-examination. Mr McNab said Mr Rogers could placed defendant in the box; he had no objection to that. Mr Rogers then asked for permission to give notice to the defending counsel to produce the original letter forwarded by plaintiffs to defendant. Mr McNab objected on the ground that plaintiffs had had ample time in which to give notice. His Worship granted permission for the notice to be made out. Mr McNab refused to produce the letter on the grounds that by doing so he would be admitting service, and he would not do so, as he considered proper service had not been made. Mr Rogers asked to be" allowed to' procGed with the secondary evidence while the notice was being made out. Witness in reply to Mr McNab said the letter was sent in the ordinary way through the post, and was not registered. J. J. Corry said the claim was instituted on an assigned order from Booth, McDonald and Co., to whom plaintiffs had paid the cost of the goods. They had been almost compelled to take these proceedings owing to defendant's repudiating his signature on the document. Mr Rogers said it was >so, and that Smith had denied signing the document. Mr McNab: He does so now. J. J. Corry said there was no doubt that the goods had been delivered, and that Smith owed the money. To Mr McNab: Had the £7 11s 4d been offered, he thought he would have accepted it. This afternoon, Mr McNab, acting on behalf of the defendant, asked, on purely technical grounds, that the case be dismissed, giving as his reasons that no notice had been received by defendant from the assignor that tiio debt had been assigned-to Corry and Co. the assignees. Continuing, Mr McNab said he would ask for a non-suit providing he was given permission to appeal. , : After some argument had been | heard from the respective counsel Mr Scott-Smith granted Mr McNab's application, fixing the fee for appeal at £10 10s. ■- The case will be heard at the next sitting of the Supreme Court at Blenheim.