ALLEGED FRAUDULENCY.

Stratford Evening Post, Volume XXXV, Issue 50, 28 February 1913, Page 6

ALLEGED FRAUDULENCY.

At the Magistrate’s Court, Eltham, on Wednesday, before Mr Kenrick, S.M.jthc case C. Coldwell(6ardiff) v.F. Whyte (.Eltham) was neard. This was a claim for £3O, doing Tor money received by Whyte in payment for an engine sold by him to A. L. Jennings, Fraser Road, Hawera, on behalf of Coldwell, and which money he had failed to account for.

Mr E. S. Rutherford, Stratford, appeared for plaintiff, and Mr J. McVeagh for defendant, says the Argus. Clement Coldwell, the plaintiff, gave evidence that Whyte came to ins farm in March last with an agent of the Ridd miiking machine to see a broken-down engine. A Tangye engine was also in the shed ,and hyue enquired what it was valued at. Plaintiff replied £25. He next met Whyte early in July, 1912, when ho said that he had a. man at Hawera who wanted a Tangye engine. Witness told Whyte that lie wanted £3O for the engine. The engine was given a satisfactory trial in the presence of Whyte, who then said he would have to see the purchaser again. Whyte asked for £2 10s expenses for installing the engine, which was agreed to, on? conditions that the purchaser’s cheque reached witness in a week. Witness next received a’ letter from Whyte to the effect that A. L. Jennings would take the engine, and that it bo forwarded to him at Hawera. The engine was consigned on the 18th July, 1912. A few days after, witness received a letter from Jennings saying that there was a piece of piping snort, to wiiich ho replied that it had been forwarded with the engine, that that the terms of the sale were cash. He next saw Whyte at a sale at Pembroke Road, and Whyte told witness that ho had received a cheque for £3O from Jennings and would give it to witness in a day or two. Bo far he had not received any payment whatever, although he had repeatedly made doniands. He had learnt that Whyte was not in very, good financial circumstances.

By Mr McTeagh: The engine was consgined by himself to Jennings with letter explaining the working o! the engine, and was enclosed in a liox containing parts. Ho did uni write to Jennings for payment because ho had received a letter from him saving a cheque would be forwarded in a week or so. Ho did not look to Whyte for payment, but to Jennings. No authority was given to Whyte to collect the money. There was no discussion as to commission. Whyte asked for £2 10s for installing the engine in the shed and that was agreed to. Ho considered £2 10s a reasonable price for installing the cngino.

A/ L. Jennings, farmer, Fraser road, Hawera, said that he remembered the occasion of Whyte saying that ho had an engine on his books for sale, and that he thought £25 was the price. He told Whyte that he would buy the engine if it was in good order. Whyte was to give the engine a run, and if satisfactory to let him know. 'The next time he met Whyte he was assured by. him that the engine was in excellent order, and that the price was £3O. W itnoss said ho would take the engine and Whyte was to see that, it was consigned to . Hawera. So far no arrangement had been made as to who the money was to bo paid to or when it was to be paid. Neither had any arrangement been made as to who was to instal the engine. When the engine arrived he found that a few parts were raissirig, so ho wrote to Coldwell mentioning the same. He had the engine running by the end of July, and was perfectly satisfied with it. Witness set it up himself. He then wrote to Coldwell asking for terms. He received a reply to the effect that it had been arranged with Whyte that the terms were to be cash, so he went to Eltbam and gave a cheque dated die 3rd of August for £3O to Whyte, and obtained a receipt from Whyte on behalf of Coldwell. Whyte said that he was working at Cardiff at the time and would give the cheque to Coldwell. He heard nothing more about the blatter until he' received a letter from Coldwell (dated November) asking whether ho had given the cheque to Whyte, to which ho replied in the affirmative. He received a further letter from Coldwell to the effect that the matter had been placed in the hands of Mr Spence, solicitor, for collection. The letters that came in the box of parts with the engine was practically destroyed so he could not make much out of it. His bank book showed that the cheque he had given to Whyte was cashed a day or two after it had been drawn. By Mr McTeagh: No mention was made by him in regard to Whyte installing the engine in the shed.

Defence was resolved and accused was committed for trial at the next sittings of the Supreme Court at New Plymouth, on 4th March.

Bail was fixed at £l5O, accused’s own recognisance of £SO and two sureties of the same amount each.