MAGISTRATE'S COURT.

Otago Daily Times, Issue 10571, 18 January 1896, Page 8

MAGISTRATE'S COURT.

Friday, January 17. (Before Mr X H. Carew, S.M.)

Judgment was given for the plaintiffs, with costs, in the following undefended cases:—Charles IMerstorf v. James Buuchop (Maori Kaik), claim £2 sa2d, for goods supplied; New Zealand Bible, Tract, and Book Society (for whom Mr Moore appeared) v. Johu Seattle (Matakanui), claim £1 5s Bd, for goods supplied. Louis Faigan v. Elward Fitzpatrick.-Claim £5 9s, on a judgment summons.—Mr Moore appeared for the plaintiff.—There was no appearance of the defendaut, who was ordered to pay the amount claimed, with costs, by monthly instalments of 10s, iv default seven days' imprisonment.

Prietor and Ormsby v. Malcolm Macdonald (Alexandra).—Claim Gs, balance of an account for a year's supply of tbo Eclectic Magazine to September ISPS.—Mr Sidey appeared for the plaintiffs.—Win. J. Prietor, one of the plaintiffs, said he had supplied the defendaut with the maxnziue. He liart got an order dated August 29, 1894. Immediately on receipt of it he authorised Ilia agent at S:m Francisco to order the magazine from New York. The Ostobcr number was the first that came. It came to hand on December 1. He fonvsrtled it to the defendant, and sont out tbo account in January. Be than got a sort of chi-eky letter saying the price was too high. The defendant had forwarded 255, and afterwards 5s in final settlement. Plaintiffs' charge was 355, and they now sued for tie balance. Witness considered the charge fair aud reasonable. It was a special order for a special line. The price of the magazine delivered to him in Dunfidiu was at least 24?.—A. Sligo, bookseller, thought 35s was a fairly reasonable charge for the magazine. He supplied it at 30s in Dunediu. The postage to the country would be 2s tid extra. — Henry John Duncan, employed at Wise and Co.'s, booksellers, did not think 35s was an unreasonable charge for the magazine supplied iv the country. The firm he represented charged 33s for it, posted or iv town. It cost the firm fully 21s a yrar in Duuedin.— Defendant said h« was a barrister and solicitor, lie admitted having ordered The magazine and also having received it. In 1803 he ordered the magazine direct from New York. He then sent a post otlice order for 21s, which cost him Is, and he got tbe magazine supplied to him regularly for 12 months. He subsequently asked Prietor and Crawford to get the magazine for him. Ho did not get any account from them in January. The first time he heard of the charge was in July. He then wrote saying the charge was most unreasonable. He was prepared to pay a reasonable and fair charge, and sent the plaintiffs 25«. He then believed there would be a trade discount, but when he heard that there was no trade discount he sout another 5s to Mr Sidfiy, the plaintiffs' solicitor. He, therefore, paid 30s for the magazine altogether, and having done that he thought he had paid a reasonable price for what had previously cost him 22s.—His Worship said the dispute was a trivial one. In the absence of any fixed trade price the proper thing was to deliver the magazine at the ordinary price. Mr Sligo said the price w;is 30s delivered in Dunedin, and posted 32s 6d. Mr Duncan said the price was Sis. He (Mr Carew) presumed in both c«sea it meant payment in the ordinary way in advance Ho did not think at any rate that Sis was an unreasonable price. Judgment would be for 3s, costs oE court, and witnesses' expenses (£l).-Mr Sidey : I think I can ask for costs, your Worship. In this case there is a matter of principle involved.—Mr Carew: Oh! certainly not. It is a most trivial case.