District Court.

Wairarapa Daily Times, Volume X, Issue 3252, 10 July 1889, Page 2

District Court.

M A STEETON,—TO BSD Al', j (Before His Honor Judgo Robinson.) BANKN.S.W V.SBGapkb (Contikued), Charles Augustus Tabuteau, manager of the Bunk New South Wales, Masterton, gave evidence as to Mr Gappor giving guarantee to the Bank for LIOO to seoure the overdrawn account of Messrs Brown and Rodgers. By Mr Pownall: The amount of LIOOO which tlio Bank was to receive from Macdougall of 'Wellington is valueless, the latter slating he did not owe the money. If defendant had refused to sign the guarantee, Brown and Sogers would not have received advances.

W, Sollar gave evidence that he received two applications from Mr Brown to insure two cottages at LSO each, They were made out in Mr Gapper's name.

Both Mr Brown and Mr Gapper intimated that they were given as collaterial security, For the defence, S, E, Gapper stated that in July, 1887, Brown came to him and stated he wanted money to help him over two or three largo contracts he had in hand, They saw Mr Tabateau and he offered to guarantee LSO. Tho latter said: " Mr Brown wants LSO to pay wages, but as he has two or three contracts in hand itwill bo little use to them, If you will consent to make it LIOO, I'll give my word as bank manager that it will bo kept at LSO or thereabouts." Tho document witness signed lie never read, as he looked upon it as a matter of form.

By Mr Bunny: Did not consider he would bo called upon to pay more than LSO. The cottages on which lie had a collateral security were mortgaged up to the hilt. The bankruptcy of Brown and Eodgers was a surprise to tho people of Masterton, and also to witness to the extent of JLIBO. The surprise was all tho more on account of the representations made by tho manager of tho Bank of Now South Wales that the firm was in asouud financial condition.

Henry Smith, manager of Bank of Australasia, Masterton, deposed that Mr Mapper or Mr Cade called on him to see Mr Tabuteau re tho position of Brown and Rodgers. Witness saw tho latter, who intimated that Brown and Eodgers were in a sound financial condition, Conwtunicated this to Mr Gapper. ' Alexander Brown, buildor, stated that whilst carrying on business he adyauces, Mr Tabuteau agreed to Mr Clapper as a bondsman. Had to leave the bank for a short time and when he returned Mr Gapper said lie had been considering the matter with Mr Tabuteau and would advance LIOO, Mr Tabuteau having siat.'d that ho would keep tho amount down as near LSO as possiblo. This concluded the eyjdense. His Honor having directed the jury, they retired and after a short deliberation rotur'nod a verdict for plaintiffs with costs, . BANKRUPTCY OASES. William Ambrose Mead, of Papawai, laborer, camo up for public examination, and was severely questioned as to his actions prior to his filing' ty Mr Ifininy, fpf ilj'o Official Assignee. Hp was also oxamined by Mr Middleton,

The examination was declared closed, and Mr Bunny having intimated that proceedings would prChHv be taken against tho debtor at the proper time, I. 1 '? foiU't directed the application for discharge beuiauu at next meeting. Official Assignee v.'Frank and Mary Ann Polling.—Application for an order to give up piano yalUe LlO. Mr Bunny tor tho Official Assignee, Mr Eownall for the plaintift, Mrs Belling gave evidence to the effect that the piano was bought for the children in 1884 for L 42 pfipr'to her marriage with her present husband out of the insurance mqney left by Clayson, her previous husband! Tho hearing of argumont was adjourned till Friday. Left Sitting,