The Archive · 1923

4 DEFENDANT'S EVIDENCE

Defendant, examined by his counsel, said that the original advertising contracts were kept at the office. Duplicates were retained by him in the office in his private attache case. 7 In answer to Mr. Master, witness said that he had nothing whatever to do with the introduction of the renewal clause on the Year Book advertising contracts. Witness retained the duplicates to secure further business. All duplicates relating to the second edition of the Year Book had been in wit-: ness's possession. There had been an arrangement with Mr. Dingle, the principal proprietor—_ of "Finance and Commerce," that witness should receive commission on contracts in the Year Book, "whether still acting for plaintiffs or not.

Mr. Master—For ever and ever? and withdrew their advertisements.! Witness—So long as the con-This, plaintiffs said, was trespass tracts remained in force with re-and conversion, through the subse-gard to the Year Book. That is ed quent improper use made of the the basis on which many insurance contnaicts.

Receiving circulars' Companies work with their agents. couched in such terms advertisers'.Mr. Master (handing witness the were naturally annoyed and can-' Circular complained of)—Would celled their advertisements. you have thought it right to send Mr. F. Lionel Pratt, editor and. oUt a circular like this with the

merce" gave evidence bearing. out Soliciting business. a proprietor of "Finance & Com-; contract. attached?—Not his solicitor's opening statement, What effect would it have?—That Witness explained that advertise-\ Would be very difficult to say. ments in the Year Book would not Some might think it rather like be renewed under the clause stated Putting one over on them, an in the contract unless plaintiffs ' thers would take no notice at all. first got in touch with advertisers. His Lordship—Your aarenoon There had not been one case where! wee oe they pie at sence an advertisement had been put in! under that clause, and a debit: #4¥ertisers for the plaintiffs in the had influenced the note sent out in respect of it. past. In the future I wished to In answer to a question by iz. milnonee: thie. people: from:: whom.'

Master, witness said he did not wish to disclose the circulation of his publication. His Lordship recalled that in the Court.of Appeal, a statement as to the circulation of the London "Times" had been! refused.

Cross-examined by Mr. Wing, witness said he had received can-collations from all advertisers get rem tion.

In further reply to Mr. Master Witness said he was influencing cargo sales for his present employ-drs. He would lose face by antagonizing the advertisers.

"Apart from automatic renewials, do you suggest that you have had any business relations with 'Finance and Commerce' since you resigned?"'—asked the Judge.

Text read from the printed page and cleaned; old type leaves the occasional error.

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