The Usage Re Draft On Oats. TO THE EDITOR.

Otago Witness, Issue 2085, 8 February 1894, Page 8

The Usage Re Draft On Oats. TO THE EDITOR.

Sin,— l should feel obliged if you will allow me to say a few words upon the decision, as reported in your paper, of the resident magistrate in the case Perry v. J G Ward Farmers' Association of New Zealand (Limited). Immediately on the decision being apprised to us, we endeavoured through our' solicitors to have an appeal, believing that the decision of the magistrate was entirely against the weight of evidence adduced in the case. As our solicitors advised us that the amount of the claim was too small to admit of an appeal, we were debarred from taking this course. n. T A c , "J"Bl«**ate states, in giving his decision, that the defendant company have themselves to thank if their « usage ' is unknown. Since seeing this decision, I have had our signed gram contracts with sellere throughout the district for the last five years examined. They exoeed in number during that period 8000 contract notes. Upon every one of these printed contract notes the draft to be deducted is plainly provided for. The magistrate in his statement that farmers would require to fish the information out from the Railway department, Btated that which is not correct. The evidence of the whole of our opponents engaged in the trade here was taken on oath at Invercargill, and they all stated that it was the usage, and that ib had always been the custom to deduct Id per bag draft. Against the evidence of the whole of these, the magistrate appears to have attached more importance to the evidence of the manager of one company in Dunedin. I am not goingto question the accuracy of his statement, but I merely wish to say that I have in my possession sale notes showing that upon sales made to Dunedin firms by ua we have allowed the usual drafts of lib per bag We have also purchased at times large parcels of oats m Dunedin from Dunedin firms, and the same draft of lib per bag has been allowed to us, At one time we bought many thousands of Backs from the Loan Company in. Invercargill, and the draft was allowed to us without question upon purchases held both there and in Dunedin, so that the evidence of the Danedin manager of this company that ••his company never allowed it" I am unable to nnderstand. It is in direct conflict with the evidence of the accountant of the same company as given on oath in Invereargill. It is also in direct conflict with the evidence of the manager of the National Mortgage Company, who for many years conducted grain business in Dunedin, and who states that both at Dunedin and Invercargill the draft was provided for. In addition to that, I forward for your perusal a letter from the manager of one of the leading firms in your city, wherein he states that the draft of lib per bag is provided for in Dunedin. If we had had theslightest desire to prevent publicity, which, judging by the magistrate's remarks, he) implies, we need only to have paid the £4- 14b 6d when Mr Perry objected to the draft. This course we immediately decided not to take, and made up our minds to defend the case, our legal advisers both in Dunedia and Invercargill informing ub that upon its merits the evidence would ensure our successfully contesting it. * I will merely say that I believe it to be a recognised custom throughout the world to have a draft, not only on oats, but upon most mercantile commodities, and, notwithstanding the decision of the magistrate, no large operations in grain are likely to be undertaken unless a draft is provided for.— l am, &c, John Fisher, Manager the J. GL Ward Farmers' Association of New Zealand (Limited). Invercargill, 9th January 1894. [The letter referred to by our correspondent is from one of the leading agency companies in Dunedm, and is to the effect that their practice it to aJI intents and purposes the same as that of the J. G. Ward Company. — Ed.

The Taranaki paper says that, as the result of the recent muggy weather, many farmers have decided to give up butter-making at home and to supply the nearest factory with their milk.