R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2739, 1 November 1887, Page 2

R.M. COURT.

O 11 * (Before S. Yon Sturmkr, R.M) MASTERTON-MONDAY. CIVIL CASES. John Graham v John Rose, Edward Wrigley and Thomas H. Wrigloy, claim for L 44 12s Id, dishonored promissory notes. Mr Beard appeared for plaintiff and Mr Pownall for the defendants, John Graham, examined by Mr Pownall stated that the bills were for goods supDlied, principally to E, Wrigley, The bills were sent to E. Wrigley and signed "Wrigley and Rose," but could not say who signed them. E. Wrigley told witness that tlie firm was responsible for the account which had been in existence for about two years. In cross-examination- witness stated that E. Wrigley called on him and promised to pay the amount, as the other members of the firm refused to be responsible for it. He had had several bills signed Wrigley and Rosa met at the Bank, but did not know by whom, whether by the firm or by private cheque.. Had been'iuformed by the Bank Manager that they were met by the firm. E. Wrigley stated that he had confessed judgment in the present action. He ha], when dealing with Rapp and Hare given, bills to that'firm privately but had usually got; them endorsed by John Rose, None of the firm were aware that, the.Bills, in the present action were; signed "-Wrigley and' Rose." He was quite sure that when he signed the bills, ! Mr Graham knew that he had no private account at the Bank, as he told him he would have to sign tar' Wrigley aadßose.'' He never spoke to the other members of the firm about the signing of the Bill until a few weeks before the bill , beo&medfte. When the Bills were met, the • firm debited witnesses account with the'amount, John Rose stated that he had never had' goods from Graham's shop. None of the partners had been, authorised to give bills for anything beyond trade commodities, and then only with the oonsent of the other members of the firm, He was quite surprised wljen lie/found that a' bill had been drawn out for E. Wrigley's private account , When bills were met he did not know whether they were paid by cheque or ' the firms account was debited for the J amounts. He. did not take . sufficient j notice of the bank book to see how j the payments were made. Either of the firm could operate on the account. He did not trouble as long aa there j was a good credit balance at the bank, j Owing to the bills being given by E. , Wrigley in the,name of the firm, he < bad dissolved partnership, as he could 1 not stand bills 1 being drawn out for 1 the.private accounts of the members 1 of the firm, tThomas H, Wrigley, on affirmation, ';j stated tliat-He never had any, dealings; '< )r ev*^joken ts tb« plaintiff. Ewh ]

member of the firm was able to draw out a".cheque, but were not supposed tc give bills in the name of the firm, He had been repeatedly informed by E. Wrigley that he had bills coming due to John Graham and Co., and witness to. make arrangement'oor the amounts. He did not take ' much notice of the amounts as they appeared t .in the Bant boolfiftamst-Gnitim and Co., as v he tfas usuiwiy v E. Wrigley that he had {lie tiilis coining „ .- due to that firm, ■ - * r " 7- :' • John-Graham flnd;E.%igley|ffiro recalled and questioned with .referee .' to notices sent and received, as to. the bills becommgditer Mr Pownall, in addressing the : Court, contended that if the plaintiff knew . when he received the bill that E. Wrigley was making-use of the ~ firm's money to pay his own private i account, he was committing an act of . fraud, and could not recover any amounts from the firm for those debts. ,* ,Iri support ot this he cited several ■ authorities whioh pointed conclusively. ■ that a partner could not pledge partnership .money for private debts, ; that a partner could not draw a bill at i the expense of the firm for a private . account, and that ■ a partnership i account could only be usedforpurposes - connected with the business. He said it was not for partners-'to watch each other to see if they wore being wronged, - but in oases like the present one it ; was the duty of the party doing business with them to ascertain if one member; was justified in using the firm's money for his, private accounts, . Mr. W. G. Beard, in reply, admitted that the law was very conclusive with reference to partnership,, but argued that the facts of the . present' case I would have had. a different bearing upon the cases cited-by- Mr Pownall. He quoted authorities to. show that the facts of the case would in many instances materially affect the law on the subject, and was : proceeding to address the Court upon the evidence I when His Worship called attention to the fact that the rules of the Court did not admit of it. ' His Worship reserved judgment till . 10 o'clock on the morning of November ' 3rd. j Richard Evernden v. Hapatu Wakamairau. Judgment summons £B4. \ Mr Bunny for plaintiff. Defendant ; on oath was.subjected to a long examination by-Mr Bunny, relative to ' monies received since the judgment " was given, and also with' reference to the property owned by him,' In ea«h case ho pleaded that he had nothing, and-that everything- thcro was,"horses, buggy,, sheep, and property,'-all , belonged to his mother, His answers throughout were yery evasive, and ha appeared more anxious to question ' the' Counsel than to return answers to Queries put to him. He expressed A " willingness to pay the sum of £2 w ; uiGnth. f His Worship, in.. giving - judgment, said the defendant had not - answered i the questions.put tohim,satisfactorily, and it. was shown that that he had ' received several sums bf money, and 1 paid nothing off the. 'debt..Defendant was ordered- to pay £lO within a *• month, and Lo a month till -th« ' amount was paid off, in default one months' imprisonment. ■ R. H. Urwick v. Bolahd Jafiqueajl claim for £2O. Mr Pownall for the plaintiff. Judgment for plaintiff, and costs, £2 4s, E, Thompson v. T. P. Girdwood, claim for wages, £ll 15s. Mr Pownall for plaintiff; Mr Beard-for defendant. Plaintiff was nonsuited, ' . TO THE EDITOR. Sib, —Will you Kindly allow me through your columns to acquaint the people of : the Wairarapa of the fact t hat. lam givingnp the clothing portion of my business entirely, and consequently am now selling mens', youth's and boy's clothing at whatever it will fetch, ail'am determined to realise on iUt all haMrds,.. Youra Truly, _ - - J. Ihorburn, Olothior and Outfitter, corner of Cuba - and Manners St., Wellington. . Vital Questions I Am thf iuost CMincnt physici&n ' Ofanysohool, what is thfl' boat thing it tho world for quieting and 'allaying all irritation of the nerves, and curing all forma of nervous complaints, giving natural, child, like, refreshing sleep always ? .i Aud they wUI tell you unhesitatingly "y-om torn of Hops / / /"' v ' ; CHAPTER I. 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[.'■ Secoad Editisa. ■