MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2166, 15 April 1908, Page 1

MAGISTERIAL.

TUESDAY, APRIL 12

(Before Mr. AA r . A. Barton S.M.) A GUARANTEE CASE. Frederick Hall (Mr. F. AV. Nolan) proceeded against- Roborfc Robb (Mr. T. A. Coleman) for the recovery of £26 ss, being the amount chargable for guaranteeing his account at the Bank of Australasia from December 1902 to March 1908 at £5 per year. Mr. Nolan outlined tlio case for the plaintiff, and called Frederick Hall, plaintiff, who stated that in 1902 defendant asked him to guarantee his account at the Bank of Australasia. AVitness agreed to do so, and told defendant that there would bo a charge of £5 per year, and that ho (witness) would expect him to put anything in -his- (witness’) way of. business that lie could. AA’itness then signed the guarantee. In June 1906 defendant owed witness £370, and at present-owes £95. AA’itncss stated .-HshaiK-dio-ieutered .into a gopd many guarantees, and invariably made a charge for guaranteeing an account. To Mr. Coleman: Guaranteed defendant’s own account at tlio bank. Ho further stated that he might have guaranteed plaintiff’s account previously at the Bank of New Zealand; but could not remember if any fee was charged. Tliere might have been other guarantors. - To tlie Bench :AV it ness was perfectly clear that ho told defendant that tlie sum of £5 per year would bo chargod. Mr. Coleman addressed tho Court for tho defence, and denied that there was any agreement entered into" for tho payment of any guarantee fee. lie also stated that ho would call evidence to prove that the plaintiff had not guaranteed defendant’s account, but that of R. J. Robb. He

called 3 Robert Robb, defendant, who stated that in 1902 his firm required more capital, a mil ho asked plaintiff if he, with two Others mentioned, would guarantee the account, at tlio Bank of Australasia. Plaintiff agreed) to do this provided that- lie -would got the firm’s business and anything further that they could put in his way. The firm at that time was in the building business, and witness accepted the plaintiff’s terms for his guarantee. Tho firm’s account was tho one which was guaranteed and not. witness’ own account. AVitiiess’ firm faithfully carried out their part, of tlio agreement up to about two years ago, when tho firm went out of tho building business and continued the wood and coal; 'business. Plaintiff onco guaranteed an account for defendant -for £2OO at tho Bank of New Zealand without making any charge 'for doing so. Tho amount guaranteed by the -three guarantors was £3OO. No reference was made to tlie payment of any fee/ and no yearly account was rendered to witness for tlio £5 fee.. * , To Air Nolan: No other account was guaranteed by plaintiff for him at the Bank of Australasia. Gave up tho building business in 1906 and was not at present erecting cottages in AATiataupoko. .... , His AA r orship in giving judgment stated lie thought the fee charged by plaintiff was a fair and- reasonable one and ho did not think that Mr Hall would come to Court and’ give false evidence.' Judgment would bo for the amount claimed with £4 2s COStS ’ PROHIBITION ORDER.

A prohibition order was issued against Alfred James Giles, on the- petition of liis wife, on tlie grounds that by excessive drinking lie was injuring liis health.