DEFENCE TO CIVIL CLAIM

Taranaki Daily News, 6 December 1929, Page 6

DEFENCE TO CIVIL CLAIM

BENCH ACCEPTS CONTENTION.

The hearing of a rather involved case relating to an account for £7, claimed by R. IL Leece and Co., motor agents, from Fama and Gleeson, was completed yesterday at the Magistrate s Court, Haw’era, by Mr. J. H. Salmon, S.M. Evidence given a week earlier had been to the effect that the sum claimed was due for goods supplied to the firm of Fama and Gleeson, principally during the year 1922. The hearing had been adjourned to enable Mrs. B. A. Fama, to be substituted for her- husband as a defendant, Mrs. Fama and Claude Albert Gleeson having been partners in a grocery business. Further evidence was called with regard to a payment made to cover an insurance premium, George Duncan, district manager. f< r the National Insurance Company, stating that this amount did not affect the account between Lecce and Co. and Faina and Gleeson. Adam Pickering stated that he purchased Fama and Gleeson’s grocery business in 1922, but he could not remember whether at that time he owed anything as a customer to Fama and Gleeson, and he fhad no recollection of a supposed arrangement by which he was to settle a liability of £7 2s. 6d. or £7 12s. 6d. of Fama and Gleeson to Pickering, Sagar and Leese. . ’ .;> ■

Mr. T. A.- Kinmont, for defendants, sumitter that the claim was'barred by Statute, but' Mr. J. Foy replied 'that notification of the debt had been given on several occasions.

The magistrate,, said there w’as no doubt that in 1922 an amount was owing by defendants, Mrs. Fama and Gleeson, to Pickering, ..Sagar and Leece, who dissolved partnership on July 31. Fifteen days later Pickering made arrangements to purchase the business of Mrs. Fama and Gleeson. As it was probable that Pickering had not then been paid, it would be likely that a proposal would be made for settlement by contra of any small amounts owing between the respective firms. He was prepared to accept the evidence of Gleeson and Mr. and Mrs. Fama that such an arrangement for a small amount was made.

Dealing with a payment of £5 made in 1922 by Mr. Fama, which, it was claimed, revived the right of action, the mag‘ Irate said he must hold on the evidence given that Fama was not acting with the authority of defendants, Mrs. Fama and Gleeson. It was probable that Fama, in making the payment, was acting in the manner any honourable man might be expected to do when informed that a sum of money was owing by his wife. The authorities all showed that Before payment by a husband could be held to be payment by an agent in respect of a wife’s debt, there must be some evidence that the husband had taken some active part in the business of the wife, continued the magistrate. There was nothing in the present case to connect Fama with the business. Reviewing the statement of account, the magistrate held that the items were statute barred with the excepion of Gs. 9a. for a tyre lever shown as supplied to Gleeson in 1925. In the face of the business dockets he could not accept Gleeson’s statement that he paid cash for the tyre lever. Judgment for Gs. 9d. and costs £2 was given in favour of plaintiff company ’ against Gleeson, while judgment against plaintiff, with £1 ss; costs, was given in favour of Mrs: Fama, and against plaintifl, with £2 Is. costs,, in favour of Fama, who had been wrongly sued in the first action.

GIRL GUIDES AT FATEA.

SOCIAL EVENING ENDS YEAR.

Divisional Commissioner Houston and District Commissioner Hawken were present at a social evening held in the Patea Town Hall supper room to mark the cleze of the Girl Guides’ year. The Guides and Brownies were present en masse and thoroughly enjoyed themselves singing their troop and pack songs. Semaphore signalling and recitations made up an entertaining programme. Miss T. Gibson, the retiring captain, was presented with an Oriental vase by the commissioner, Miss Hamerton, who has resigned her position as Brown Owl, and Mrs. v. Masters, who has given up the duties of guide lieutenant, were the recipients of a bedroom clock and a bronze vase respectively.

HAWERA OPERA HOUSE TALKIES.

“NOTHING BUT THE TRUTH” Richard Dix’s first all-talking picture, “Nothing but the Truth,” is undoubtedly one of his best. And- that is saying something, because the handsome young Paramount star has made more than 30 films. “Nothing but the Truth,” which will be finally screened at the Hawera Opera House this evening, is that favourite of farce successes revamped for the screen, and refurnished with newer and better comedy situations, and an adequate trimming of music, singing and dancing. Dix plays the part of a young man who makes a wager that he can tell nothing but the truth for 24 consecutive hours. He wins ’the bet after going through a veritable circus of bizarre and uproariously amusing situations. The play chockful of rich humour, and does not lag for ah instant. Helen Kane’s singing in her famous “baby talk manner 0 is° an agreeable ' feature of the production. She turns in a fine comedy characterisation, as do Louis John Bartels, Ned Sparks, Berton Churchill and Wynne Gibson. “Nothing but. - the Truth,” then, is one “look and listen” film you should not miss. The Paramount all-talking picture “ploso Harmony” will commence a limited season at the Opera House with, ft special matinee to-morrow. .. Intending patrons for the evening session should reserve their seats at Mies-. Blake’s.