VALIDITY OF AN ORDER.

Gisborne Times, Volume XXVI, Issue 2180, 2 May 1908, Page 2

VALIDITY OF AN ORDER.

ADJOURNMENT OF CASE,

■Mr. W. A. .Barton, S.M.. yesterday gavo his ruling on tlio point raised by counsel on Thursday during the hearing of the caso Alfred Wade v. H. o. Brownlee, in which tho Bench was asked to decide .whether the order, tiie subject of dispute, was a bill of oxchango or not. In giving his decision, his Worship said:—“Defendant claims payment on the ground that the document the subject of this action h&SSSU-'of exchange within the moaning of the Bill of Exchange Act, 1883, and that defendant is not liable as acceptor thereof, as Mr. St radian is the drawee or .addressee named therein. After looking into the- authorities, I am of opinion document in question is not a bill of exchange ns defined by the Bills o! Exchange Act, 1883, but is an assignment 'by Messrs. Chambers and Keam, to plaintiff, of tho sum of £O3 purporting to bo duo to them under a certain contract made between the said Chambers and Keam and one H. Stradian, which was .accepted by defendant conditionally upon there being at time of completion of the contract sufficient moneys in hand to meet same after providing for all workmen’s charges in respect of the contract and all other claims or charges which might arise .under the Contractors and AVorkman’s Lien Act. 1892, or the, AVorkman’s AYnges Act, 1903.

Counsel agreed to adjourn the case to May 14, when the evidence oi the defendant .will be taken. The other two eases of a similar nature were also adjourned to the same date.