CLAIM AND COUNTERCLAIM

Manawatu Times, Volume LII, Issue 3578, 8 April 1927, Page 3

CLAIM AND COUNTERCLAIM

P. J. MANN v. R. DRUMMOND. . Before Mr J' .L. Stbut, S.M., F., J. j Mann, butcher, sued Richard Drum. I mond, settler, of Awahuri, for tinsum of £lO 8/8, for goods supplied Defendant counter-claimed for £lO .1/2, represented by goods and stock supplied to. plaintiff. The claim was admitted and in opening the case for the counter-claim, Mr L. A. Eliott stated that plaintiff’s claim represented goods supplled’over a period dating from 1921 until 1926, and only one demand for payment had been re. ceived. This suggested that there was some arrangement between the parties as to a contra account, and Drummond claimed that he had supplied pigs and potatoes in payment for the meat. Giving evidence through an interpreter, Drummond said that he -had supplied six sacks of potatoes I'Mann, and also four pigs, which h?.'J been ordered by Mann’s son. The first account he had received for the meat was in December last. His wife had delivered the potatoes and had received meat in exchange. Marin, who was represented by Mt J. C. Hill, repudiated,-Drummond’s claim and said that he had iiever're. ceived d|ay potatoes or pigs from him. He grew his own yege tables, .And ■■ {author did not deal in bacon "pigs, fit was arranged that Druriimond was to supply some fencing battens as a set off against his meat account, but the battens were never delivered. The account had been sent to Drummond on many occasions. I After hearing the evidence, the Magistrate gave judgment for Mann on both the claim find counter-claim, with costs. A Plea ot Infancy. A well-built youth naimed Ernest L. Jones, of Palmerston North pleaded infancy as a defence in a claim against him by J. A. Shaw, store keeper, of Rangiwahia, for £8 7/. for goods supplied. Deflendaht had , paid £2 into Court and gave his age as 20 years. After plaintiff had given evidence as to the goods being supplied to defendant, Jones told the Magistrate that as ’.he was an infant, he could not be suqd. The Magistrate told defendant that his infancy did not entitle him to defraud a storekeeper. Judgment was entered up for the amount claimed, less th e £2 paid into court, and costs £3 16/-. , -