DISTRICT COURT, REEFTON.

Inangahua Times, Volume IV, Issue 65, 7 September 1877, Page 2

DISTRICT COURT, REEFTON.

ThSSsday, Septeiteek 6," 1877. (Before ll is Honor Judgo \Veslon.) Reeves- v. M'Le.vk. Tin's wasifln action to recover the sum of £200 for damages alleged to have been sustained by the plaintiff through the failure of tho defendant to complete the sale and transfer of certain freehold property in Broadway, Keefton, which was offered at auction by the defendant and purchased by plaintiff. Mr Pitt will) Mr Stake appeared for the plaintiff, and Mr South with Mr Reid defended. Mr. Staite road tlio plead iugs which set forth the allegations. Mr South hero asked that ail witnesses in the casp bo ordered out of Court. ■ If is Honor said he did not know that ho should make suish an order. If the witnesses wore ordered out of Court they would either have to remain in tho muddy streets or go into a public home, and pos» slbly return to the Court in a muddled stato. Mr Stnitosakl ho had no wish to see the witnesses ordered out of Court. Mr South would not pi-ess tho point. Mr Pitt then proceeded to open the case for tho plaintiff. Richard Ileeres— l «iru an auctioneer residing at Ahaura. I know tho iUjl'omd tnt, he is an auctioneer and commia-iioii fluent, and is carrying on business in Reeflon. About 2oi,h or 2G.-h of November lasr, I wag present at a sale held by defendant upon the premises of M- Shai.* non. Defendant sold si lot of b'opks and other chattels and ho then put up section No. 97, in Broadway, Ueeftou. I did rot know at the timu upon whose account ho was selling. Auctioneer in putting up the section said tbo terras wore half c:\sh iiud tiio balance at throe? and six. months. I hejird him speak conditions of sale, but did not sci! liiui reml any cotvlitirms. I[e said ihr liile was Grown The bilN.io buar biiuk interest. I askihl him nli.-ut the title nii'l lie .viiJ '• title gu i r.\ ;i : ».*•■ 1." I bi.l fi»r the pro.ici't)' which was Parted, at £11J, when I came in I bid £\"2 ), mill somebody bid £121, and I bM .£!:)) mi;! became the i.nnvhnsoi'. I then ;>iiid £10 deposit. X ilkmi loft for Ahaura ami upon my return, on the loilowing week compli'led tho sali\ I s:ib.4.-q lcutly agrcei lo sell to the [ r niun Jjauk ion £150, l«i:ig £J0 in advaiiL'o of the original silo. I thereupon co/iituufiicalcd witli Mr. VIU, my solicilor. Mr. Pitt ws-oto to Lho dol'^ii.laiit [letter read] I wan prepared to retire flic bills and pay the defendant tho balnnce of the original purchase m/Mioy. Su.')sc'q.iiuntly saw defendant, and said it was unbusinesslike .on his part, and he referred mo to Roche, and said ha would have nothing more to do with tho transaction. E asked him to produce hivflnthoriiy to se.!l the property, 'and he could not produce it. I saw liociio in defendant's prqsenco at Greymouth about three months a^tor the sale. Roche, Perkins, and McLean,, were together, an 1 wo; w.pnfc to Roche. I said I did not recognizo Roche at all, aud' they could talk to him, but I would oat. .Mr. Perkins asked Roclie what ho intended to do, and Roche referred him to his solicitor. McLean said,. " did you not authorize hie -to sell this property," Roche said, " No I authorized you to sell all t!s> property 1 under bill of sale in the posses^ sion of my mother at lleeftoa." I then left and have not been able to effect the transfer. I paid £65 in cosh, and gAVe bills for £65, which I am responsible for. I aro out £132 and have Lad to pay 12 percent. I claim £20 the excess of the sale ro the Union Bank. There were also legal and travelling expenses. Tho charge for investigating the title was £3 3s. I have had to come from Almura to Reef ton on the nutter frequently. Have also had to go to Greymouth to see Mr. Bowman and toll him how I was planed. Cross-examined : I had no'iiing to do sviih TJoche. The bills were not drawn trhen I accepted them. They wero filled up, but not drawn, which means that .lie signatures were not attached. I have aot met one of the bills, I gavo instruc ions not to pay it. I s.wanr distinctly ;hat I did Hot know at the time that the )ills were drawn in fa *or of Roadie. If Roaohe's nnmo is on the bill it has been idded since tho bills wero dravrn. I was it the sale of the properly at (he time it vos put it. I was there when some of he stationery was offered. By His Honor — I wa3 (hero wlien the and was put up. Cross-examination continued— l did not \ orae in at the lost moment am! bid. I | ras there at the stare. The aunlioneer | aid tho title wa^ Crown grant and was s .inran'oed. I did nut hoar M'Lcriu .say 1 rhose pivporly it was. Ifc did not say , rhoso property it was. I will positivoly ] wear I c'kl uot hear M'Lean say it was i

Roaches properly. He might hare said, i bub if lie did it was very quietly said. I could not undertake to swear that he did not. It is aa unusual thing for an auctioneer to disclose the name of the vendor. The reason that the bills were marked "no account " is that my bank nccounfc is in tbo name of Richard Reevo s and Co., and fche«bills aro signed Itichard Reeves. I wrote to Mr Bowman, the manager of tho Bank, and told him not to pay the bills. The bills were ds* honored. I received the receipt from Mr M'Lean •on the day it was signed, 2nd December. The contract was made with .the Union Bank about a fortnight afterwards. M'Lean did not say a word to me about loaohe afterwards. I said to M'Lean" I will have to get a conveyance from' your principal, and will have to I re-convey or mortgage." He said it (ras no good doing that ns ho said that the grant was all right. I read the receipt and saw Roadie's nnme in it. After that I communicated with my solicitor and found that M'Lean had no title to the ground At that time I had not sold to the Union Bank. It did not occur to me to go to Koache. I looked upon M'Lean as quite sufficient fov me. I found out that he had no principal; in the matters. I did not want to go Sputside him. Had several interviews with him subsequently, and on the last occasion he said he would lm<- c nothing more to do with the matter. He never told me that he had received inI sfructious to sell from Koache through I Mrs Cole. He said he had received instr<ie(.io.ns from JJoache. Ssvear distinctly that before M'Lean wrote out the receipt he did not tell me that Koache was tho principal. On taking the receipt T said I suppose if -I get a conveyance T will have to get a re conveyance, .and he said let. it be till the bills are matured and thpn you can get a conveyance direct. He told me thnt the title was good, and that he would get the grant from Nelson. He did not tell mo that Eoache had instructed him to wr^e to Nelson about the Crown grant. Mr M'Lean did not tell me that he \v\A written to Nelson and found that the grant was all right. I took no exception to the form of execution of the receipt. Xnver iMiiJe siuy inquiries uut.il I com-nuinic-<(etl with Mr Pitt. I understood Roche to say tluit he only instrtioied M'L n wH.o sell the property covered liy the bill ot'^ale. Roche did not siy ho had given instructions to Mrs Colo. Don't believed ho did. He gave M'Lean his instructions direct. My loss is £G5 cash, £0A in 'bills, nine month's interest. Have incurred legal expenses and paid them. Have paid over £20 in easji. Never took a receipt for money paid to lawyers, a? I look upon I hem as perfectly good marks. Mv bill of costs and expenses amounts to £35 IGa. Anaus Campbell — I am an hotelkeeper. I recollect the day of the sale of Shannon's property. Recollect that the titlo was uuirnnleelby the auctioneer. Keews =!s!.-e;1. " Ihw nl>oi}fc the title," and »\lr. A IV Frm -'tiiil tho tith? w:;s suarantcot'. Ifc-irl n > (.vnd'tion* of sale read previous"-toih'-sil' 1 - Cross-emnrncd : [had no interest m * ihe sale ami was not a purchaser. T was do!- at. th<? si.l.^ of the stationery. Nothing bus lifon nui^'^ti'l to mo 6ince the sale. T)M not l-.»ar -»-iy v ■>nilitions of sale rend. Si 3- who vmivh't's-'d tlie propei ty. Sere nil persons iii'l. HVarl no dispu'e "bout^ the Welding. T whs singling alongside of t|,, 5 nueiioneer. I did not think pro-' viotisly tl-.at tho title was good, aivl did i>ot expect th:»b the property would be sold. I hud n law suit with McLean. Tfc is k own as the " port wine case." McLean Ton it. Am on friendly terms with Mr. McLean. „_.,...., l:e*esammeil : The decision in the port wine i- a si' has not influenced me in the slightest in giving my evidence to-Jay. ' John Burke Roche— l am a stationer living in Grey mouth. I know Richard Slnnnon and the plaintiff and defendant in the present case. I hold a bill of sale over somn property in Ueefton. The bill of sale was nt Keefton, and I was tinder tho/ impression that section No 97, was included me lh bill, ami gave instructions to Mr. McLenn to sell all the property under the bill of -dale. I produce the bill of sale in question.- I seat the bill-of-sale tp Reefton about three years ago. Shannon cave mo possession of tho sec> tioD, but I .hatl'np^l'ricunientary title to it. The deed' "is" dated 1872, and if was about that time. that I took r.os.scssion..of the section. Recollect- au interview in Gveymouth with Mr Perkins and Iteeves, and Mr McLean, and MoLoan demanded the title, to tho section. I told him I would refer him to. my solicitor. I gave him no answor. I gave him. no positive answer, nnd they walked out of the shop. Do no remember auy reference bring made as to tho authority given to Mr. McLoan. Mr. McLenn got information' at Reefton about tho sale. It was my mother who entered into negotiations with Mr McLenn about tho sale. Saw MrMVLran subsequently at Greytnouth and ho s iid something about ,lhe title, and I ssiid something about a bill of sale, mul he snid bills of sale were tidelish'ihing I*.1 *. I to d him the document was at Ri'ofton and ho could see it, and see about the title. This w&3 before the sale. I gnvo my mother an order to fret the Mil of sale from Mr. Pitt and giro it to Mr McLean to see it. Cross-examined : I gave Mrs. Cole some instructions about the sale. I was under tho impression that the bill of sale gave me a title to the section, and resting under th:if belief I instructed her. Those instructions were in writing. I told her to rnnko some arrangements about selling the place. I spoke in a general sense 1 meaning to get the place sold. She advised me to got MeLean to sell it. Don't recollect Mr McLean and Mr Collins coming into my shop together, and showing me an Advertisement about the property. Don't recollect McLean showing me a paper with an advertisement in n'Mout the property. I could not sny Mr McLean and Mr Collins did not come in together into the. shop and show me an advertisement. Do not remember him showing me nn advertisement at any time. Siuv Mr McLean a number of times. W" had a conversation uhout the property on two orensious before the sale. If he says ho did show me an advertisement I will not contradict him. Mv McLnin a^ked me something about the crown grant. Don't recollec; telling him beforo the sale to write to Nelson about the Crov a, grant, I told him my

title was in (ho bill of sale. I was not under the impression (hat the crown grant was in my name. I thought tho bill of sale gave me a title to the sec tion. I believe that McLean did write to Nelson about the crown grant. He told me so. I told him it was there. I did not know for certain in whose name the grant was in. Mr McLean wrote to me certain letters, and forwarded account sale?. I received notice to produce those let tors, but I only produce one letter. The bills were forwarded to me with the account sales as also the cash. The bills were drawn by ito Mr McLean for mo. I afterwards endorsed them. After that saw McLean m Greymouth. I don't think T wrote to him acknowledging receipt of the money. Rp-exnmined — I certainly thotig'it f hat Mr M' Lean made all ne'erssary inqu ; rie3 about the title. The Crown grant is not in my ntime. By His Honor — Ono of the bills was for mo. Both biHs have been dishonored. I was un^er tho impression that Iho bi'l of Hiilc covered the section, although the grant had nofe been made nut in my name. I first Irarncd that tho land could not be conveyed by mo over a month or more after the sale. I was under the impression however, that tho titlo could bo furnished by compelling, ths man to transfer. Shnnnon ncknowledircrl my right to tho place. I wrote to h'm | about it, and got. no reply. T sold tie section for what titlo f had to it. His FTonor — When you found tlat Shannon would not transfer, why did yon not go to Reeves having r<-c#ivrl hit money and his bills, i.nd endeavour to rectify the matter. Witness — I don't know. I was always under the impression that the title cculd be produced. Maria Cole— l am mother of the iatt witness. I was formerly assisting in carrying on Mr Shannons' business, received a bill of sale of the property in November. I sa<w Mr M'Lean and gave the bill of sale to him. X told him tlat my son bad not got the Crown grant. I saw him a<:ain and he said it wmiM be all rieht. T wns not present at the sale. After both sale I got (lip deed back. Cross-examined — It was about a weak before the sale that I saw Mr M'Lesn. I received a letter from my soj saying he would liko the property sold. Previous to that I had tried to sell the properly. I Hid speak to Mr Dunn about the proporfy. ~Mv daughter was in ocenpatian of the premises. On the week of the sale M> M'Lean sail he would telegraph to Nelson relative to the title next day. I called and asked him w-Jiat about the Crown grant, and he said it was all right. Mr M'Lesn did not tell me he wns going lo Greymouth. Ido not remember his doing so. My son said he would not take Ips<! than £100 for the property ; I don't recollect tflling Mr M'Lean to call and see mv son in Grfiymouth relativo to the title. This closed the ease for the plaintiff and Mr JSouth proceeded to open the rase for the defenrlaut, presenting the fncts and law of t'm case with striking ! clearness aii'l nl>ility. The Court then a'flpnrned.