RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1284, 27 February 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

This Day. k. lewis v. a. humehbeys. Claim, £4 IGs 2d, for goods sold and delivered to a man, named William!, in the defendant’s employ. Mr Brassey appeared for the plaintiff ; and Mr Rees for the defendant. H. Lewie, deposed: I am a storekeeper. I know the defendant. In October, 1881, he was a customer of mine. The goods were supplied to Williams [his man] on the defendant’s guarantee. He said let the man have some goods, and I will pay for them. In October, 1881, the man called, and I supplied the goods. Mr Humphreys paid the credits in the account, I called on him and he paid them. He is still working at Mr Humphreys, who said he would be responsible for a few pounds. By Mr Rees: The defendant paid me for Williams. I got an order on the defendant for 10s a week. [The order was here produced, but Mr Rees objected to it, as it was not stamped, as ie usual; it was, therefore, withdrawn from evidence.] When I saw the defendant ho did not say to supply the man Williams, nor that he would not be responsible. The defendant said, let him have goods to the amount of a few pounds I will be responsible. This occurred in October. I supplied the goods to Williams. In the first instance I looked to the defendant for payment. I asked Williams for payment to save the defendant's guarantee, I have rendered the defendant an account. I never sent him in a detailed account. I remember Williams went through the Bankruptcy Court, I had no other account against Williams. I did not attend the meeting of Williams’s creditors. I never sent any account to Williams further than the pass-book. When the man did not come and pay, I said to Mr Humphreys that his man was not paying me. When the defendant came to me I had not seen Williams.

C. Lewis, sworn, deposed : I am the son of plaintiff. lam engaged in his store. I know the defendant. I reremember in October 1881, the defendant was standing outside the door. Mr Humphreys said to my father he was getting a man down, and he might want some things, and that if he came in for anything, to let him have the goods, and he would be responsible. By Mr Rees I He said he would be responsible about 5 days after the. Ist interview, they had two conversations. Sometimes I supplied Williams, and sometimes my father. 1 never applied to Williams for payment, and I never heard my father apply to him. The account was sent to Mr Humphreys. G. Humphreys : I am the defendant in this case. Williams was not coming to me at the latter end of October. One day Mr Lewis came to my shop, and said a man working for me, had been getting things at the shop, and asked me if he was a good mark. I said I thought he was. I saw him again and he said that Williams was not paying him. Then I told Lewis to get an order from Williams to stop 10s a week, which he did. I never paid any money on account of Williams, only the 10s a week. I went in once and paid Lewis on Williams’s account. When I w’ent in to pay him, it was on my own account. The first account I ever got was the summons.

W. Williams deposed : T am a blacksmith, I know the plaintiff. I obtained goods from him. Mr Humphreys said to me, Lewis was a good man to deal with, and I went to him. He asked me for payment, and I gave him ss. a week, but he refused it. Then he asked me for an order on Humphreys, which I gave him; the order was for 10s a week. I kept the order good till I could not afford to do so any longer. Then I went bankrupt. I called a meeting of my creditors, and he was present at the meeting. By Mr Brassey: I could not say that Mr Humphreys had any conversation with the plaintiff before I came down. When I first came down I stayed at the Hotel. Mr Lewis had the order before there was any money paid at all. I sent the ss. before the order was made out. He pressed for the money and the order was made out. Mr Lewis desired to have Mr Humphreys pay the money. This concluded the case on both sides.

After the counsels had addressed the Court, His Worship gave decision in favor of the defendant, with costs of Court, Ils.