LEGAL & MAGISTERIAL NOTES

New Zealand Illustrated Sporting & Dramatic Review, Volume X, Issue 473, 17 August 1899, Page 19

LEGAL & MAGISTERIAL NOTES

Recently a purchaser went into an hotel a. Stratford, England, known as “ The Throe Rab. bits,” and called for three-star Martell Brandy’ It happened that a bottle labelled “Martell” had just been emptied. The barmaid took the empty bottle to the proprietor, and under his directions the barmaid filled the bottle up with ordinary British brandy, and then served it to the customers. The gentlemen noticed the difference in flavor, and purchased a quantity of the brandy and forwarded it to Messrs Martell and Co., with details of the circumstances under which it wa bought. The latter firm immediately took steps to prosecute, with the result that the proprietor of “Three Rabbits” was fined £2O and £7 16s 6d costs Argument was concluded the other day before Mr Justice A. H. Simpson, Chief Judge in Equity, Sydney, in the motion for an interim injunction brought by the Australian Brewery and Wine and Spirit Company (Limited) v. Ida Foster, licensee of the Stanmore Hotel, Stanmore Road. It was set up in this case that the respondent in January last entered into an agreement with the applicants, the terms constituting what is known as a “ tied house.” In March the respondent declined to give the applicants orders for beer, alleging that the quality of the liquor previously supplied was bad. The company denied that they supplied bad beer, and asked for an injunction restraining respondent from buying liquor elsewhere. His Honor granted the injunction as prayed, the applicants undertaking to raise no objection to the respondent giving evidence at the hearing as to the quality of the beer supplied after this date, on the ground that it’was supplied after the statement of claim had been filed. The applicants also undertook to speed the hearing, and liberty was given the respondent to move to dissolve the injunction if the beer supplied was bad.