A TIMBER CASE.

Wairarapa Age, Volume XXXII, Issue 10093, 15 September 1910, Page 5

A TIMBER CASE.

R'ATHBONE v. HARRIS.

,%The rehearing of the case of Thoß. i J»ii:ed Rathbone, sawmiller, Carter- j turn, v. Edward George Harris, \ thytp-farmer, itfartinborough, .was taaen at the Magistrate's Court in Masterion yesterday; before Mr L. G, Reid, S.M. , Mr Boilings appeared for plaritift, v and Mr Pownall for defendant. . • ; His Worship stated that, as he understood' 'it',- the judgment of the presiding Magistrate at the first hearing of the case had been set aside and a re-bearing ordered, each party topay his own costs in regard to the former hearing. '■',■' Mr Hollings stated that bis client was suing to recover £261 9s Id, balance alleged to; bd timber supplied to one Vy'hitehead, of Martluboroueh. Plaintiff declined tosupply the timber except upon defendant's guarantee. The guarantee;was given, and the timber was supplied to Whitehead, who was building a house. Defendant did not deny that the timber had been supplied. Subsequently he wrote to plaintiff want-, ing to withdraw his guarantee, but before this was done there was already an amount due for, and: no timber was sued for after the guarantee had been withdrawn, A p.n, had been taken in the meantime by plaintiff from Whitehead for his indebtedness, and he replied to Harris that he had accepted the bit! on the strength of his guarantee, and that if Whitehead discharged his liability'he would relieve . him (Harris) of his promissory note. The p.n. was partly paid on December Ist) 1908, and another p.n. was given for the balance. Defendant knew of and agreed to the promissory note. The last pn. was dishonoured, but both Whitehead and Harris repeatedly assured plaintiff that they would pay off the balance. Ultimately when defendant had had a settling up with Whitehead, he overlooked, it was alleged, the fact that there was a balance due to Rathbone; It he had remembered to deduct the amount the case would probably never have been heard of. Counsel submitted correspondence in which defendant stated that he was endeavouring to get the p.n. "fixed : up." t After hearing lengthy evidence, 1 His Worship reserved judgment.;