MASS CANDLES.

New Zealand Herald, Volume XLV, Issue 13925, 5 December 1908, Page 2 (Supplement)

MASS CANDLES.

... .._ « ' , JURY FIND FOR BOTH PLAINTIFF* '. AND DEFENDANTS. The remarkable .case of "Frances and Co., Ltd., v. Haves and Finch'"Ltd."; was concluded in the King's Bench Dirieion, after a hearing lasting the greater part of five days. The action was brought by the plaintiffs, candle, manufacturers,;.;': •■ of . Pntjoey v i»,j recover damama iof J|!k|, alleged r to impute" fraud,' and,'t&e defen-; - dants counter-claimed for damages for ■ libel published by the plaintiffs, also, it was alleged;, attributing fraud.-. . -Mr. liufiis Isaacs addressed tlrecenrfc on ! behalf of the ; defendants, and in doing,J»JSP£; said that whilst he did not suggest' tiat the plaintiffs were not thoroughly honest { , traders, he claimed for he' defendants , ', that they -were l equally honest, and iSklfe submission was that the analysis'of P*apl beeswax candle was wholly unreliable, and- the mistake of the plaintiffs had b««Sljfoj{] to place too much reliance upon it. , ■Mr. Gill in reply, for the piatntijfu, \ said . the whole '•• of these * ajbse . "from.; the desire of Mr. Maxwell-Lyfe to ■ Have V the ■ manufacture of candles for;" Church purposes conducted honestly. To ' do that it would be necessary tohave an¥if.| independent analyst appointed L i'hofhoulu '■■_ have the power of making surprise vu£te|pl|J to the various'factories'; taking.eampla?, '<_ v ; analysing them, and reporting. With this object <he summoned a meeting of thd trade, but the suggestion was net adopted* '■■■■■} After, that serious statements reflecting . upon the business methods of the* plaintiffs - .appeared;;and the plaintiffs 'found it nebeseaxv to bring this action. • His lordship, in the course of his sum-ming-up, observed that it .was ohvic* , that the two documents in question in ' the case were not the beginning of th* quarrel. It appealed that the amount of beeswax that should be contained in a candle was laid down by 'the Church.. Then certain people went to the Chorea ana said, We will satisfy your requite-' ' ments. We know system by which you , may be sure to get the quality of goods, i required." To' that the other side replied that they knew what the system was/and-, it was hob -to be relied on. Subsequently" they wrote certain things about each other, and it was now contended that they' ' / were, libellous. . • ■ V " The jury, after an hour and a-halfs deliberation, "" returned a. verdict fo¥ tjt« ntuntilfs for £10 -damages, and '*«**»*;, defendants on the counter-claim for £100 damages. , ' Mr." Justice Darling;, in delivering 3°?S|%i ment. »=aid it had-not been a question-to , establish whether the candles made either lv plaintiffs or defendants were pure, hut whether the parties respectively had! libelled one another. He desired it to be un* oVrrtood by those to whom it was« of interest' the onestion of the.paiflwfete of the candles for Church purposes was not raised, and, therefore, had not been , decided.