CLAIM FOR REPAIRS.

Wairarapa Daily Times, Volume 47, Issue 143053, 17 March 1921, Page 6

CLAIM FOR REPAIRS.

WAGG V. BUTCHER. PLAINTIFFS NON-SUITED. T. Wagg and Co. claimed from F. Butcher, farmer, Matahiwi, the sum of £9 Os Gd for repairs to two cart wheels. Mr R.‘ B. Burridge appeared for the plaintiffs, and Mr B. McKenzie for the defendant. Mr Burridge said the ease centered upon (ho question of liability of father or son. Fred J. Hunn, business manager for plaintiffs, said that on September 20tli, 1919, a note was delivered to him, purporting to come from Butcher, senior, authorising the work. It was delivered by defendant ’s son, aged about 17. Repairs were effected, and the account sent to Butcher, who repudiated the whole transaction, as he said the wheels did not belong to him. He was later shown the written order, the authorship of which he denied, saying that it was in his son ’s handwriting. When the suggestion of forgery was made, the defendant admitted ownership, took possession of the wheels, and accepted all responsibility, saying that he did so. to save trouble, although the liand-writiug was that of his son. A. P. Smith, accountant, said Butcher decided to foot the bill to avoid a prosecution for forgery against his . son. The defendant said he knew nothing at all about the wheels. The first he heard of them was when the bills arrived, which he ignored. He positively denied writing the note. As far as he knew, the wheels belonged to McLean, a former Masterton wheelwright, for whom his son was working at the time. The defence was a complete denial. The so*, F. Butcher, jun., could not recollect taking the wheels to Wagg and Co., and tendering the note, which he denied was in his handwriting. He said the wheels belonged to McLean. The Magistrate remarked that the evidence for the plaintiff was not strong, for the defence it was very unsatisfactory. In the circumstances plaintiffs should be given an opportunity to again bring the action if stronger evidence were available. Plaintiffs were non-suited with costs.