BOOK GIFT TEA CASE.

New Zealand Herald, Volume XLV, Issue 13722, 11 April 1908, Page 8

BOOK GIFT TEA CASE.

I AX INTERESTING JUDGMENT. J [BY TELEGRAPH.OWN' CORRESPONDENT.] Gf.suORXE. Friday. Ix his judgment upholding the appeal in j what is known as the book gift tea case, Mr. Justice Chapman suited the case as follows to-day: "The appellant sold packets of tea, on each of winch was printed, as part of the wrapper, a coupon in the following words: "This coupon represents a half-pound weight of bosk gift tea. Consumers may purchase tea, in £lb and lib packets, as required, and save the coupons. When they have acquired six lib or 12 £lb coupons they are entitled to exchange them for any book in the catalogue that is given away with 61b of tea.' The book was to be supplied by the vendor of the tea, and there was no third person. The magis- ! trate convicted the appellant: under the i Trading Stamps Abolition ana Discount Stamps Issue Act, 1900, and I do not think that the conviction can be sustained. The coupon question to come within that Act must refer the holder to a trading stamp company to which ho may resort, to have the coupons honoured. " I think that another point made by appellant's counsel stands in the way of conviction. A trading stamp is defined to |be something which entitles the holder j thereof to demand and receive from any | trading stamp company any money or goods. This coupon gives no such right, and it must be presented with six or 12 others to establish that right even against the vendor. The mere act of supplying a coupon having no value in itself does not, therefore, come within the terms of the Act." The appeal was allowed, with £5 5s costs and disbursements. I