SUPREME COURT.

Evening Star, Volume VIII, Issue 2349, 12 October 1870, Page 2

SUPREME COURT.

This Day. (Before Mr Justice Chapman and a Special Jury.) ANDERSON AND ANOTHER V. BURKE AND ANOTHER. The trial of this case was continued. The greater part of the day was occupied with the examination of the defendant. The wit ness said Anderson was acquainted with the whole of the purchases made on account of the venture. He would swear positively that Anderson was told about all the purchases shortly after they were made, if not at the time ; he was shown the invoices from time to time. Anderson was in the habit of seeing the books and invoices almost daily. Recollected a conversation with Anderson as to how much he had bought on the joint account, that was about June I86S; An !er.son's clerk sent over an account showing an expenditure in the joint account of L 6201. At that time buying on the joint account had entirely ceased. The market bad fallen, and things began to look queer, and both he and Anderson anticipated a loss Botli were anxious to get out of the thing. In And rson’s account, no mention was made of the purchase of oats from the Waikouaiti firm. Anderson never told witness of that purchase and subsequent rc-sale; the first he heard of it was in I Slit), when these proceedings commenced. Then ho told him his reason for not acquainting him with the purchase, was that he had heard witness had purchased from Wright, Robertson, and Co., on his private account, and he thought he might do the same. The total quantity of oars purchased on account of the venture, was 164.000 bushels. Anderson purchased to the value of L 8,877 6s 3d. Deducting the Waikouaiti purchase, it would reduce their account to precisely the amount of that furnished in June. The total quantity of wheat purchased under witness’s instructions on account of the joint venture was 23,522 bushels, costing L9G23 12s 11. Anderson was told of each purchase in the same way as he was told of the oats. Sales of wheat were made on account of the joint venture from time to time, and by Anderson’s instructions. In June, 1808, the balance on hand was sold to Anderson and Mowatt — 10.000 bushels, more or less, at 7s 9<l per bushel. The exact quantity delivered to them was 14,498 bushels. Anderson wanted to get a third at cost price, but witness would not consent to it. Referring to Bright Bros.’ transaction, witness said it occurred on the Bth or 9th of August. There were then left on hand 82,000 bushels of oats—the wheat had all been disposed of at a lo'S. Witness told Anderson he required some more “cover” on the grain, until such time as it was sold, as the market was icceding very fast. His Honor: What do you mean by “cover ?” Witness : To recoup one for loss. His Honor : You mean money then? Witness: Yes. Anderson said he would go over to witnessed office in the aft moon, and make up what the joint venture came to Witnesses summed up the total quantity of the purchases made, found they amounted to 164,001) bushels, Anderson told witness he would “finance” for half the amount, as he had a moneyed friend who would advance positively at the rate of 2s 81 per bushel. Anderson's share amounted to L 12,000. Witness then transferal to him the remaining 82.000 bushels. On August 10, he brought witness Bright Bros, chequ for L4OOO, signed by Mr Walcott, their manager. Before that, he told witness Mr Walcott wish d to have a guarantee from him, that it was a joint account. Witness declined, as it was the half Anderson had to “finance” for. When Anderson produced the L4OOO cheque, witness expressed great dissatisfaction at the small amount he had brought, considering lie had over L 12,000 worth of property, and he had expected he would have brought nearly the full amount. After a good deal of expostutation, Anderson produced another cheque of Bright Bros, for LI,OOO. Witness asked how he came tp keep it back. Anderson said he wanted it for his own convenience, and parted with it very reluctantly. Witness made repeated applications for the balance, and Anderson told him Bright Bros, bad not sufficient cash at the moment, and wanted him to take their acceptance, which he would cash, and give the proceeds to him (witness). Witness got L 3595 17 9d from Anderson in August. Anderson never told him that he had received any further sums from Bright Bros. A couple of months afterwards he discovered Anderson had received another cheque for LIOOO from Bright Bros. There was an investigation, of the grain accounts in v ovember, 1868, by Mudie, and Micliic, witness’s clerk. It then appeared that the total expenditure on account of the venture was L 38.861 6s ss, and the estimated loss was somewhere about L6OOO. Tliere was an estimated asset of L2OOO to come from Bright Bros. At that settlement Anderson did not mention one word of the purchase and re-sale at Waikouaiti. On the morning of November 27th, 1868, witness met Anderson at the Post Office ; he was in a state of great excitement and showed a letter he had received from Mr Beal, Manager of the Bank of New Zealand, stating his account was overdrawn 1.4000, and said if witness could accommodate him with a hill for L3OOO, he would give him two post dated cheques, dated December, by which time his dour accounts would he in, and he would he able to meet the cheques, and would also give him a guarantee of LIOOO payable at the same

time. Upon the faith oi these representations he gave him the bill. The cheques were presented in due course, and dishonored. On March 30th, witness gave him his acceptance for LI 500, returned the cheques, and received his cheque for LISOO. The bill matured on January 30, and was dishonored. Witness had lost heavily by the venture, and so far had been unable to get any settlement. The witness was cross-examined at considerable length by Mr Cook. The exanvnation had not concluded when the Court Tjsc.