SUPREME COURT.

New Zealand Times, Volume XXXIII, Issue 5251, 22 January 1878, Page 3

SUPREME COURT.

Monday, January 21. (Before hie Honor Chief Justice Prendergast.) Common Joky Cases. G BEEN YIELD AND STEWART V. AMES. This was an action instituted by Robert Greenfield and James Stewart, timber merchants, Wellington, to recover from Horace Ames, publican, Upper Hutt, the sum of .£122 Ifls. 5d., for goods supplied. Mr. Travers appeared for plaintiffs, and Mr. Gordon Allan for defendant. The following jurors were sworn : —Edward H. Crease (foreman), Frederick Jeffrey, John Cavanagh, Andrew Craig, James J. Curtis, Joseph Dempsey, Richard Pettard, George Scudder, Thomas H. Clapharo, George Clark, and Joseph Bo water. In opening the case, Mr. Travers described the cause of action, and called Robert Greenfield, one of the plaintiffs, who deposed that the defendant, with whom he had previously had considerable dealings in the way of trade, called at his place of business in May, 1876, and intimated that he had an order for some timber, at the same time taking out his pocket-book, and reading a list of what he required. Witness took a minute of what he wanted, and Ames then told him it was for a Mr. Nixon, of the Upper Hutt. In answer to witness, he said that Nixon was a very decent man, who had got a job for which this timber was required. Plaintiff distinctly refused to give him any credit, not knowing him, but added that he was willing to send the goods up to Mr. Ames’s account. Ames expressed his being agreeable to that, as he had an interest in the contract, but did ’not want it to be known. The timber was sent to defendant by .train, and subsequently an account forwarded. This Ames returned, with the endorsement that Nixon had left the district ; and as he refused to recognise the claim the present proceedings were brought. Rigg, a clerk in the office of plaintiffs, proved the amount of the claim being debited to defendant, and account being sent to him with particulars of timber supplied. Cross-examined : Witness had heard that Nixon had left the province, but he could not say whether that fact came to his knowledge before he sent the account to defendant. Edward Wm. Pickett, a clerk in Mesrrs. Greenfield and Stewart s office, adduced similar evidence. Plaintiff (re-called) said he had had several interviews with defendant since sending in the account. He charged for cartage, as a rule, in the trade. Mr. Ames had always paid for what he had without dispute. As some books which were required in evidence were not to hand, the further hearing of the case was postponed till Wednesday.