R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2856, 24 March 1888, Page 2

R.M. COURT.

MASTERTON,—FEIDAY.

(Before S. von Sturmer, R.M.)

R, H. Elliotte v Thos. Power, claim for £SO for breach of contract.

After we went to press yesterday, evidence was taken for the defence Mr Tlios. Power being examined and cross-examined at some length. MrTlios.Parsons also gaveevidence. He testified that he expressed to Mr Elliotte his willingness to sign the bills if the latter's name were in them as payee. Mr Elliotte said he would not have his name in them, and he therefore declined to endorse them.

Cross-examined by Mr Beard: I was willing to endorse the bills if Mr Elliotte endorsed them after me, as he would be required to do so if he used them. I expected to have to put my name first. I knew that if Power did not pay the bills I would have to. Power knew nothing about Elliotte's accounts with me; at least I did not tell him.

To His Worship: If the bills ha been made out payable to Elliotte. would have endorsed them and hande them back to him but he sail he would not have his nami in them as then he would have to en dorse them.

His Worship said he was not prepared to give his decision at present, as there were no less than six counts in the case, aud four of these required some consideration. As regards one point raised, he might say that the Court was not to know whether this was an action in settlement of all claims or not. As far as anything they had before them went, it might be a final claim, In any case, it would be time enough to raise that question if further proceedings were taken to recover the £l5O, and he certainly was not inclined to grant a nonsuiinow on the ground asked. Another contention by the defendant -was that the plaintiff himself had prevented completion of the contraot, This was raised early in the case, and he was at any rate not disposed to allow it before hearing the evidence. As he had previously stated, there were four other bearings of the case to be dealt with, and he would take time to consider them, reserving his decision until Thursday, 29th March at 10 a.m.