MAGISTERIAL.

Timaru Herald, Volume CIII, Issue 15805, 11 November 1915, Page 3

MAGISTERIAL.

-ALLEGED MISREPRESENTATION. PLAINTIFF NON-SUITED. At the Magistrate's Court in Timaru yesterday, before Mr V. G. Day, S.M., the National Mortgage and Agency Co., Ltd. (Mr Inglis) v. Henry J. Tisch (Mr Kinnerney), claimed £7 17s, being money alleged to hare been paid in mistake. Mr Inglis, in outlining the facts of the case, sai.d that Tisch had sold a pony to Denis O'Sullivan through the National Mortgage and Agencv Co., Ltd., for £B. The National Mortgage and Agency Co. credited Tisch with this amount, and sent O'Sullivan a debit note for some, but o'Sullivan refused to pay on the ground that defendant had misrepresented the pony to him. Alexander McPherson, agent for the National Mortgage and ~Agency Co. at Pleasant Point, said that on March To, he had introduced O'Sullivan to defendant as a prospective buyer of the pony. Later in the day Tisch told him that O'Sullivan had bought the pony for £'B. "Witness put the transaction through his books, and later Tisch-'s son delivered the pony. Dennis O'Sullivan said he had been introduced to Tisch by McPherson, and he had bought the pony for £B, understanding from Tisch that the pony was 16 years old. Later he hoard from a reliable source that the pony was about 54 years old, and therefore refused to take delivery, and also refused to pay for it. Henry John Tisch previously gave evidence in tniristchurch to the effect that he sold the ponv to O'Sullivan for £S on March 29, through the National Mortgage and Agencv Co. He had given O'Sullivan a full and accurate description of the pony, and one of the conditions of the sale was that the pony was to be delivered at O'Suliivan's brother's hotel in Pleasant Point, which condition was complied with on April 1. The National Mortgage and Agency Co. paid the amount, less commission, into his account. He received no communication, verbal or otherwise, from the National Mortgage, demanding a refund of this amount until August 21. He did not in any way misrepresent the ponv to O'Sullivan Mr Kinnerney contended that the sale had been marie without any misrepresent:; lion, and that it should stand. Counsel quoted several cases bearing on the mat-tor. The Magistrate non-suited the plaintiff with costs, £3 12s lOd.