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DISTRICT COURT.

TIMARU—Y EST EBDAY. (Before His Honor Judge Ward.) Creditors’ Trustee in *he estate of Michael S;yh v. Wildie, Allan and Stumbles—Claim £2OO for trespass and wr>in gf: 1 1 conversion. Mr White for plaintiff, Mr Hamorslcy for defendants. Plaintiff nonsuited. Ciedhors’ Trustee in the estate of George Green v. G. H. Wildie —Claim TOO 8;. goods supplied and money lent. Mr White fur plaintiff, Mr Tosswill for defendant. Plaintiff admitlc-1 a set-off of ,I*4o. G. 11. Wildie, the defendant, stated that he paid £OO to Jonas Hart and Wild! e on account, of George Green and lhe ledger produced would show that £OO had been charged to his personal account by the firm, which sum was deducted in the settlement of partnership accounts. The amount was paid September 3, 1880, but ha I been entered September 31, in error. By Mr White—Green owed witness ,600 and gave him an acknowledgment for it. Received no value for this from Green. By arrangement with Green witness paid the firm. Sold Green no cattle until October, 1880. The firm oE Jonas, Hart and Wildie ceased to exist on October 1, 1880. Told Green to go in future to Wildie, A llan and Stumbles as Jonas, Hart and Wildie had refused him credit.

George Green deposed to buying some cattle from the defendant, but he thought they were se ted for by Wildie, Allan and Stumbles. At the time witness bought them defendant was a member of the firm of Jonas, Hart and Wildie. Yevor asked defendant to nay the amount. Believed the sum was charged in accounts sent to witness by Wildie, Allan and Stumbles. Bought 20 head of cattle from Mr Simmons before the firm of Jonas, Hart and Wildie dissolved. Was debited by Wildie, Allan and Stumbles with them. Never heard the £OO had been paid by defendant to the firm of Jonas, Hart and Wildie. Did not request defendant to settle this amount with the firm. Gave no instructions and was not aware the account had been settled in this way. Had bought several lots of cattle from defendant, but these would be on account of the firm of Wildie, Allan and Stumbles not that of Jonas, Hart and Wildie. At the time defendant sold witness the eight head of cattle ho was a member of the latter firm. Did not buy through the firm. The case was here adjourned until this morning as Mr White said that plaintiff was quite, unaware of (his transaction until the ease came into Court, and he would therefore like an adjournment to enable Green’s hooks to he thoroughly examined in order that it could he ascertained whether such transaction had been entered.

THIS DAY. The examination of George Green was resumed this morning. George Green deposed that the cheque produced for TGI 2s 3 i was paid by him to the Jinn of WiMie, Allan and Stumbles, he heh'evcd to Mr W’ildie personally. Could not say what it was for. Had paid several cheques to the linn at different times. The cheque had been charged to witness’s account at the ban k.

Cross-examined by Mr Tosswill—Believed he gave Mr Wildie the cheque in payment for some cattle, Mr Wildie had never told witness that ho had paid this cheque to Jonas, Hart, and Wildie, on his (Green’s) account. He did not tell witness so at the time. Had not seen the entry in Jonas, Hart, and M ildio’s book, whore he was credited with TOO. Could not say whether the cheque was paid for cattle or what it was paid for. Had not got his cheque book with him. James Allan, son of Mr Allan, of W ildie, Allan, and Stumbles, and dork to the firm, was then examined, Recognised the cheque produced for £fi4 2s 3d. It was endorsed by witness, who cashed and paid the amount into the hank again to his linn’s account. Received the cheque from Mr Wildie. Believed it was given in part payment of a dishonored bill. Could not say what the cheque was received from Mr for. It was credited to George Green. Mr Tosswill here informed ihe Court that they were unable to how the cheque in question was credited to Green’s account or whether it was credited at all. It might have been included in other amounts. Mr Wildie could not say what the cheque was received in payment of. Mr- White asked leave to re-examine Mr Wildie on this point. G. IP Wildie being rc-called, said that Green was in the habit of dishonoring cheques, and to save trouble at tho hank his linn were in the liabit of cashing ail his cheques and paying the proceeds in again to their account. Mr White enquired whether this was not the very first cheque paid by Green to "Wildie, Allan and Stumbles ? The witness said it was not. On Dec. 11 Green gave the firm a cheque for £l2B 4s 6d. It was likely, however, that this sum was never paid in full. It might have been split up, £64 2s 3d was just the half of £l2B 4s Gd. Witness did not say that the cheque for £l2B 4s 6d was dishonored, but he did not know how it was met. Green’s cheques were invariably dishonored and mixed up by his giving smaller cheques for them. The £64 cheque might be in part payment of the £l2B cheque. His firm’s books did not show how tho amount was paid, but if the accounts were analysed they would most certainly show it. Mr White suggested that in order to save time tho case should be adjourned in order that the accounts might be analysed as suggested and the payment of the sum in dispute traced if possible. The case was adjourned accordingly until Sept. 16.

J. Grant v J. Lowe. Mr Tpsswill for tlie plaintiff; Mr Hamcrsley for defendant. This case, which had been adjourned from yesterday for argument, was settled to-day, judgment being given for the defendant. Allan and Stumbles v Mayor and Corporation—Claim, £BO, value of a mare killed in the water rate. Mr Ilamersley for plaintiffs ; Mr C. Perry for defendants. George Stumbles, one of the plaintiffs, deposed to having leased two sections at.Wai-iti from the Corporation for grazing purposes. Hud a number of hm>es in a paddock on the sections, and amongst them was the brood mare in question. When witness first took the sections the water race was filled up with rubbish, and there was no danger of any accident occurring. The race,

was subsequently opened without witness’s knowledge, and therrare fell in and was killed. The present depth of the race at the spot was 3ft 9in. The case had not concluded when we went to press.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/SCANT18810817.2.11

Bibliographic details
Ngā taipitopito pukapuka

South Canterbury Times, Issue 2623, 17 August 1881, Page 2

Word count
Tapeke kupu
1,131

DISTRICT COURT. South Canterbury Times, Issue 2623, 17 August 1881, Page 2

DISTRICT COURT. South Canterbury Times, Issue 2623, 17 August 1881, Page 2

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