SUPREME COURT.

Star (Christchurch), Issue 16452, 14 June 1921, Page 8

SUPREME COURT.

CRIMINAL SITTING. A short criminal sitting of the Supreme Court was held bv his Honor Mr Justice Herdman to-day. ADMITTED TO PROBATION. George William Johnston was broug.it before his Honor for sentence for having stolen a bicycle. He had pleaded guilty, and when he was asked if ho had anything to sav why sentence should not be passed on him, he said that he was sorry that lie had committed the offence, the seriousness of r whieh he had not realised. His Honor, in admitting the prisoner to probation for twelve months, said that his record was good and that the police report was in his favour. If he began to steal again, he would he brought before the Court and would be sentenced to imprisonment.

CIVIL SITTING. CLAIM ON BILLS OF EXCHANT' Hewitt, Haig and Wilson, manufacturers, Englanu. sued Reynolds and Kinvig, 1 warehousemen, Chr stchurch. on two bills of exchange given in respect to the purchase of T.L. cloth. _Ur W. J. Hunter, with him Mr I>. E. Wanklyn, appeared for plaintiffs, and Mr J. H. Upham for defendants. •Mr Upham, for the defence, said that plaihtifis were represented in Christchurch by Atkinson Bros. .Defendants were associated in dealings with plaintiffs, through Atkinson Bros., as indent agents. Atkinson Bros, submitted to detendants samples of cloths manufactured by plaintiffs. Defendants placed with Atkinson Brosthree orders, one .for s xteen pieces or cloth, one tor two pieces, and one for nine pieces, twenty-seven pieces in all. It was Known at the time that trade in England was in a very difficult position. Trices were advancing rapidiv; only unconfirmed prices could be quoted, and no times for deliveries could be quoted. By a mistake made by a clerk in Atkinson Bros.’ office, defendants were represented as confirm ntr an order for twenty-seven ' pieces, instead of for only nine pieces- The price in November, when the original order was given, was 12s 9d a yard. About December o. when defendants confir od tho order for nine pieces, the provisional quotat on was 19s 6d. Defendants finally bought the nine pieces for 18s fid a yard. It was only the order for nine pieces that was confirmed, but plaintiffs forwarded to defendants twenty pieces. Defendants accepted and pa d for six pieces. Mr Reynolds saw Atkinson Bros-’ representative, and asked why he had been sent more than he ordered. He agreed to let the matte? utand over until Mr C. Atkinson returned to Christchurch, and he gave bills of exchange for twenty pieces, on condition that the matter would be settled before the bills fell due. and that his companv would not. be held liable for the bills it the matter was not settled. Plaintiff now sued for the bills. Defendants had not received consideration for the bills. They were not liable for the goods represented Wv the bills, which were given conditionally and for the accommodation of plaintiffs. The orders that were not confirmed were not binding. John Reynolds, director of the defendant company, said that he clearly understood that only the order for nine pieces was confirmed. When he found that he had received goods representing n ore than he ordered, he

communicated with Miss Hulrnc, clerk in Atkinson Bros.* office, and inquired into the position. Atkinson Bros, knew that a mistake had been made in their office, and that he had confirmed onlv the order for nine pieces. The representative of the firm was much perturbed when witness explained that a mistake had been made. He did not accept the hills for any reason except to accommodate plaintiffs. He had known Mr Atkinson for years and was prepared to do anvthing to help him out cf a difficulty short of having all the pieces sent to him. His Honor said that the early ©notations were provisional. Finally . plaintiffs cabled to Atkinson Bros, on May 25, 1921, that the price had been finally fixed at 18s 6d a yard. Atkinson Bros, wrote to defendants asking them to confirm their order for nine pieces. Was there any document to show that defendants confirmed the orders for the whole quantity represented in all the provisional orders?

Mr Hunter said that there was not. The lady clerk who had the matter in hand when the message came from England looked up defendants’ last order, which was for nine pieces. It was ii mistake.

Mr Wanklyn, opening for plaintiffs, said that defendants accepted definitely nine pieces, and also accepted the balance of the twenty-six pieces sent from England—one was missing—-by signing the bills without qualification and I)3' taking the goods. Unqualified acceptance of a hill did not permit of terms varying the tenor of the acceptance. Defendants took the goods, and, therefore, had some consideration for their unqualified acceptance of the hills. They had promised to pay according to the tenor of the bills. Ethel Hulme, clerk employed by Atkinson Brothers, said that both Mr Atkinson and Mr Hall, who was in charge during Mr Atkinson’s absence, were away when the cable message came flom plaintiffs on May 26, to the effect that orders now would be confirmed at different prices, mentioning “T.L.” at 18s 6d. JShe turned to the list of orders and tound the order from defendants for nine pieces. She wrote to defendants stating that their order was confirmed at 18s 6d, and sent a cable to plaintiff's.

“Reynolds confirms.” In October Mr Rej’nolds said to her, “ 1 confirmed only nine pieces.” She said: "Well, you haven’t cancelled any of Ttic others.” He replied : “By confirming only nine, I cancel all the others.” She pointed out to him that he had accepted all at 17s 9d a .yard. He said. “ But I confirmed only' nine pieces.” Evidence given by Arthur William Hales, commercial traveller, before the Registrar was read by his Honor, who said that there was a conflict between it and tho evicjence given by Mr Rej'nolds.

Christopher Atkinson said that on January' 15 he waited on Air Reynolds and pointed out to him that Miss Hulme had made a mistake, and that Air Reynolds was trying to take advantage of it. Witness’s'firm never accepted a cancellation of an order except in writing-