FLOUR NOT DELIVERED

New Zealand Herald, Volume LXIX, Issue 21252, 4 August 1932, Page 12

FLOUR NOT DELIVERED

CARRIER'S DEFENCE FAILS JUDGMENT GIVEN FOR BAKER [FROM OCR OWN fORTIKKPON DK\T] HAMILTON, Wednesday "On all material points defendant's storv is absolutely false, and the. ease roveals a conspiracy between him and the witnesses Hunt and Welch." said Mr. F. W. Plaits, S.M., in Iho TTam-lton Magistrate's Court to-day in the case in which Robert, Wishart. baker. Franklon, claimed £SO 14s 9d, (he value of three, tons of flour, from Leslie Rothwell, carrier, of What awh a' a. The plaintiff's ease, which was. commenced yesterday, was that he ordered three tons of flour from an Auckland firm on May 6 and on May 9 found that, (ho flour had not been delivered. Inquiries made at the station showed that Rothwell had received the flour from the station,

but plaintiff claimed that it had not been delivered to him. Wishart said Rothwell had not claimed the charge of 9s for delivery. Counsel said tho defence was that rothwell actually delivered the flour. John Ross gave evidence ho had seen two men unloading flour from Rothwell's van at Wish art's bakery on May 7. Tho defendant, a youth of 18, gave evidence that ho delivered the flour to Wishart. He did not obtain a receipt. Two boys, Hunt and Welch, assisted him. Wishart was handed the delivery note and witness received 9s for cartage. Corroborative evidence was given by two youths. Hunt and Welch, who said they "assisted Wishart to unload (ho flour. The magistrate said it had been proved that Rothwell had received the three tons of flour from the railway station for delivery to the plaintiff. The evidence of two of defendant's witnesses was not helpful, while in the opinion of the Court tho statements of plaintiff and his witnesses, most of whom were members of his family, wero evidence of truth. It was shown that, defendant had received the flour, but had not accounted for it. He certainly did not deliver it on May 7. Judgment was given for the plaintiff for the full amount claimed, £SO 14s 9d. and £9 8s costs. Security for appeal was fixed at £ls 15s.