R.M. COURT.

Wairarapa Daily Times, Volume 4, Issue 1131, 21 July 1882, Page 2

R.M. COURT.

MASTERTON.—THIS DAY.

(Before H. S. Wardem, R, M. ,A. Dimmit vR. V. Smith—Commission &5 5s for negotiating a loan of £450. .< Mr Bunny for. defendant pleaded not indebted, Plaintiff haying taken the nsual oath, Mr Bunny suggested' that' the* plaintiff was a member of the Hebrew p.orsuasion and had not taken the oath'in. ajpi'oper manner, having been sworn on the New Testament. " s The plaintiff then took the oath on the old.testament,' and- stated that in 'April, .last defendant, applied to him .to nego-. tiate : R loan. Finding that he could obtain the money fordeiehdantlidfidt'him to eiiter into an'igreeinent. - His partner in Wollingttfn; telegraphed to ..witjiess that' the money was available,, Heithen naked hini : to : go doVn take up. the-loan, defendant then witness ■if the Trust'and loan Soeiety which held affirai'iiOTfgage wrould^release him.• He' another, mortgage 'over the security fresh, one. at a lower, rate of interflat It ; go part of witness' agreement to get

bad aliendy on the property, Defendant aid nut succeed in obtaining a release from a prior'mortgage, and consequently did not' take up the loan, Witness bad the' money lying at defendant's disposal for thirty-five days. The .agreement- signed by defendant on the 80th. of.April bound him to .pay witness a procuration fee «n tha loin bf|2jj percent, and the expenses of Invest ignting title &o. , witness received a letter, from defendant) " solioitor offeririg;without prejudice to the claim to pay Mm a guinea. ■ To.Mr Bunny: mtiieas hud been on ' friendly terms with Mr Smith, 'Ho pnU&j-. a notice in his window that he bad to lend, Mr Smith saw the notice'. ■poke to him respecting it, He told Kiijr that he ( bad land in Carterton on which . " he was paying 9 per cent. Witness told him that hs-had.mnney available at 8 per cent. Smith said he must ascertain that tlie other two mortgages could be released before mak'ng a new arrangement.. : .Witness did not tell defendant that the Trust and ' Loan 'Society ' were. ; bound by law to release bini. Mr Mountain was his ■) ' partner in money-iransactiohs in Welling-, ton. ..Aftw the iironey was 'available his - pawner, at Mr Smith's wishj went to the Trust and Loan office, and the.reply was that Mr Smith had better call himself, . , Mr Smith subsequently went to Welling- , ; ton to make inquiries. Could not say whether he had a" communication from . - his partner stating (hat the money would not be released,' fie, might have'^des* troyed the communication 'referred'to. It was not now in his possession. Defendant might haye. said he would not go to Wellington , without an assurance that the. Trust and Loan Society would release him, His partner himself did not advance the money. He declined to say who the principal was for whom he. and his partner'acted, Witness, had nihde himself personally liable for- £3, being a months' interest on the £460.' He would have let Smith off his share of the commission if he had acted iu a business like manner. ' • » . The Court; What did you offer to remit half your account for ? .'Witness: I.consider that I'have lost a • principal - through the .way * that. Smiths ; afted, and am not now; prepared, tp. treat him in the same way that 1 was on the first instance, '-'When Witness offered to forego his share of the commission the negutation was still pending, It was never made a condition that the loan depended upon the Trust and Loan Society releasing Smith. >' Mr Bunny submitted ihat ■ defendant' had no case to meet, If'the-■ Court wai* against him on that|pomt, he would ask that' the items, telegrams, and interest shotild be struck out, • He; claimed: that was no evidence to show that the loan had beeri procured. There was merely an undisclosed principal. Mr Bunny quoted from Chitty on Contracts, page 108, in support of his conten-,, lion, j m Robert Vernon Smith (defendant), do-/! pqßed that he had Bpnken to MrDimant

in reference to a. loan 011 property in ! Carterton on which there were two original mortgages. Plaintiff said it was ab- ■ aolutely neutswy fur him have a first' mortgage. -He (tleiendttui) told plaintiff . 1 if he advanced ilie money he would ■ pay •* off the.other mortgages, and make plain- ' tiff sole mortgager, This convereation took place some time before ilie agreernent was signed. Dimant had jinet him and told him that the matter was all arranged, and the Trust and Loan Co. would be willing to le'ease tho , property. Plaintiff wrote out the agree- ' mentand gave it to witness to B ign. ' More-doing bo he read it over. Plain- • tiff said if tho money whs nut furthcoming • he would oliarge no commission, Defendant had nothing to do but sign and take the money. He signed the agreement. The Becond mortgagors agreed to releaao tteir claim. On tlio receipt of the telegram stating ihe money was waiting and askingJuiii to coino. to. town, lie di.l not feel quite sure that the Weilington Trust and Loan Society hail con- ' sentod to reli-aso their claim as they had ' not written to hiiii. Ho did not therefore like to incur the expense of taking the'' secured moitijiigeus (Mr and Mrs Minitie) town it all was ntit correct. Ho in. sisloil that Dimant should telegraph agaiu lo Mountain. Plaintiff did so and got a reply. On receipt of the reply Dimant rac lii.;i an I rai"lt's all up with the loju;.'. \\. 4 i v . a aaw the telegram, which said' tlio Trust and Loan Company would not .release thoir mortgage. The next he knew of.it was- receiving an account. He asked plaintiff if he was having a as. he had done ' nothing for-the niniey and. thia trouble was caused by their*own 'stupidity in riot" .first to the Trust and loan Coiupauy. Plaintiff sued him, so defendant consulted his solieitor. ■ ; Plaintiff>aid MrSmithhadslatedßeverill inconsistencies.' Although he objected to the agreement lie sinned it, - ' : , Defendant: 1 signed on your explanation. / I. •

Plaintiff: Did you between; tlio 7th of May and the Bth of 'June jii'ake any 'an. phualion for the monoy-?--- - 'y; Defendant; Certainly'not; you" tolil tactile loan was "off" aud ididn'twaut the money. ■■■.n-.r •.

I Plaintiff stated that Smith induced .himv -> to kedp the £450 and nbtnin £3OO more, and tendered the brewery/ property instead of . the .Carterton one, -,Elaiiitiff' ; asked,witnese,if this was nbt'so'?' '■-> ; Delendant;'Nb,'icortaitily not. ' '' Plaintiff; I will aakyou no more. Judgment was given for defendant, ' Plaintiff ga've nutice of appeal,'

W. A.P Sutton v J. Dorset.—Breach '• Of Rabbit Act. . ' • _ Dofeiidiin t ; pleaded that, he had done his best to reduce'the'rabbits ainoe recemna the notice from Mr-Harvey, the ' Bub-iuspector. He.had laid four lots of poison. ■AV, Harvoy,-Jan.; deposed that he Served the notice on the 24th April. Found rabbits very numerous on the property theii. There .were aome oats laid,, but the weather bein« dry the poison did not ' seem to have any effect. Visited again in May, Saw no poison. Tha rabbits were just as numerous as in April. ■ 1 A man could catch 40 a day.... The extent of land 'owned by defendant was-aboutliiO acres. Visited it again on 241 hof June. Babbits were not so numerous, but sa^np, since' to another.party,' The ww bounded on one aide by'viflifeft' fenciug,."and on- another by theiSupaiit. ,/ hunga river. The land of his neighbors had not many rabbits'on it; If "proper ~ . means had been taken the c6uld ' have been kept down -as they, werfe' obly , on about 40 acres, r

Defendant stated He had laid' ' this month, ■ He: wanted ; to' : take .ihe sheep away Before poisoning, as he had lost a good, .ttj.Bny sheep through the poison, What the inspector stated na to the rabbits' waß corrects Had mixed two lots, subsequent .to that piixedi by the in-' spector, . Mr Sutton said tlie place .had; been a P loßelve of for sportsmen t6 shoot.-: ' " spare the time or put a man on, • * His Worship said it was not long- since ' ne had fined biro £s.for.'the Mine offence. T He pally cuuld not see what excuse the defendant offered. •■ ' ; T " . The defendant hoped Worship could not afford to pajfc .'' F 8 r ° re ' ) ip oUghtTo

?u! B °°ff h,6 | 00u ' d not Pay it- If he Sassr^ 11 * 0 '