LIABILITY DISPUTED

Manawatu Standard, Volume XLVIII, Issue 220, 15 August 1928, Page 11

LIABILITY DISPUTED

PLUMBERS’ CLAIM. Before Mr J. L. Stout, S.M., at the . Magistrate’s Court yesterday afternoon, a ease was heard wherein the Manawatu Plumbing Co., Lid., proceeded against Child Bros, of" Palmerston North, carriers, claiming the sum of £1.30 O.s Gd for plumbing materials supplied and work done by plaintiffs allegedly to and for defendants from December, 1926, to March, 1927, in connection with the erection of a dwelling by defendants for C. H. do Mey D’Alkcmadc, at Kopane. Mr Grant appeared for plaintiffs and Mr Ongl-ey for defendants. George Proctor, a member of plaintiff firm, gave evidence that D’Alkemado had approached him during 1926 and had asked him to do the plumbing work on a house that lie was having erected at Kopane. Witness demurred, knowing that D’Alkemade was .an undischarged bankrupt, but, on being told to fog Child Bros in reference to finances, did so. one of the partners in the defendant firm telling him that they would pay tho account. The work was then done, and - Child Bros, on being asked for payment, said that the liability was D’Alkomade’s. Cross-examined, witness admitted that proceedings had been taken against D’Alkemado and had been discontinued. Ho denied that tins discontinuation was due to the fact that another firm had obtained judgment against Child Bros for work done in the erection of D’Alkcmad-e’s houso. David F. Smillie, secretary of plaintiff firm, deposed. that. Child Bros, had originally, been billed for the plumbing. The action; said Air Ongley, was a “long shot.” Plaintiffs were unable to recover against D’Alkemade and were endeavouring to make Child Bros liable because another firm, under different circumstances, had been successful V 1 obtaining a judgment against them. In evidence, Edward Walter Hinclirliffo Child, partner in defendant firm, said that defendants had been approached by Proctor, but had not given him to understand that they would bo responsible for payment or would guarantee payment by D’Alkemade. Decision was reserved. t