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Limerick Grocers Seek Judgment Against Defendant in Court | Limerick Gazette Archives

Limerick Grocers Seek Judgment Against Defendant in Court

In a recent session of the King’s Bench Division, Mr Justice Piot presiding, a case of Littered and Nye v. Vincent unfolded, as Mr James Henry, instructed by Mr H. J. W. Dummy, LL.D., sought judgment on behalf of the plaintiffs, who are grocers and provision merchants. They aimed to secure payment from Mrs. Nora Hermione Maria Vincent, residing at 3 Brunswick Terrace, Hove, Boston, and wife of Colonel A. H. Vincent, for an outstanding balance of £28 1s. 8d. owed for goods supplied from their premises at 112 George Street, Limerick.

Concerns arose regarding Mrs. Vincent’s financial situation, with suggestions that her husband may be bankrupt, prompting suspicions of an attempt to evade payment. Mr Cowper, manager of the plaintiffs’ Limerick establishment, submitted an affidavit affirming that the account in question was solely in Mrs. Vincent’s name, with credit extended to her alone. Despite receiving occasional cheques from her, Mrs. Vincent countered with her own affidavit, claiming she had no legal obligation to settle the debt as she neither ordered nor received the goods in question. She asserted that any purchases were made by her husband without her consent or authority.

Opposing the application on behalf of Mrs. Vincent, Mr Price, instructed by Mr Quinton W. Kennedy, argued against granting judgment. He proposed that the case be heard by a jury to assess the merits of both parties’ claims. Mr Justice Piot agreed with this suggestion, opting not to rule on the motion immediately. Costs for the proceedings were allocated to be shared by both parties.

The case underscores the complexities that can arise in commercial transactions and the importance of clear contractual agreements. The dispute between the grocers and Mrs. Vincent highlights the challenges faced by suppliers in ensuring timely payment and the potential difficulties in recovering debts, particularly when contested by the debtor.

The outcome of the case remains uncertain pending a potential jury trial, leaving both parties to await further legal proceedings. In the meantime, it serves as a reminder for businesses to exercise diligence in their credit practices and to seek legal recourse when faced with non-payment.

Dublin Evening Telegraph – Friday 25 June 1915