PICTURESQUE ATLAS CASES.
Bowman Bros v- Graham.
The honring of tbe Picturesque Atlas cases was continued in the Masterton R.M. Court yesterday afternoon before Colonel Rberts, R.M. The case of Boworraan Bros v. John Graham was first called on.
Mr Beard, who appeared for the defendant, seated that certain circum. stances had transpired since tbe sitting of the Court which induced his client to go no further with the proceedings. He wished to point out, however, that Mr Graham wished to withdraw none of the statements made by him in evidence.
Mr Pownall expressed the hope th*t the allegations made in the evidence would be withdrawn, as they were damaging to the plaintiffs. It had been flashed through the Colony by means of the Press Association that Messrs Bowerman Bros, were guilty of forgery, and he wished this to be contradicted. If this was not done his clients wottld probably take action for perjury against those making the statements.
Mr Beard replied that Messrs Bowerman Bros could take whatevar action they might think fit. His client was not going to withdraw any of th« statements made. He pointed out that two could play at the perjury game.
Mr Pownall : Very well, we will say 110 more. My clients will take those steps they consider necessary. The Bench then gave judgment for the plaintiffs for the amount claimed £7, wiih Court co3ts 255, counsel's fee 21b, and witnesses' expenses 20s.
Boweuman Bros. v. Chamberlain. Mr E. E. Chamberlain was sued for the sum of JE7. balance owing on the Picturesque Atlas. Mr Pownall appeared for the plaintiffs and Mr Beard for the de fendant, William Rundle, agent for the Company, deposed to the delivery of the first fourteen numbers of the Atlas and tho receipt of payment for the same.
Cross-examined by Mr Beard, the witness stated that he wont into a house on the Upper Plain road which he thought to be that of the d efendant. He produced an order and showed it to the Chamberlain in the house, which he recognised to be his order. He would not swear that the defendant was the person to whom he showed the order, and from whom he obtained a receipt. Tne person to whom he produced the contract ad mitted the signature.
Donald M'lntyrc deposed to having called at Messrs C samberlain Bros, mill on September Ist and delivered 28 numbers of the Atlas. The books wero left at the office, but the defendant did not pay. By Mr Beard: The defendant objected to taking tho books, stating that he had not ordered them.
E. E. Chamberlain, called by Mr Pownall, stated : I am the defendant in this case. Demand has been made to me for £7 and I have not paid it. f remember seeing Mr Bundle last year at my house. He said he had come to bring me my Atlases. I saw the contract before 1 paid, and said the signature looked like mine. I objected to take the fourteen parts in the first place, but after some conversation took them and paid for them. The signature to the receipt produced looks very like raiue, as also does that on the contract. 1 eannot remember giving a receipt for the b >oks. I will not deny that the signature on the contract is mine.
By Mr B j ard: When I saw Metcalf first he told me he came from Ballarat and we got talking about various plaees. He then said he was agent for a new paper about to come out known as the Picturesque Atlas. He said he would come round to my office, and 1 told him he could, but I would not take the book. He came to niy office and showed me a sample of the book. Hp told me I had better give him a start by becoming a subscriber. I told him I had enough papers now, when he replied, " Oh, give us a show, it's only five shillings a month." I then said, " Very well, five shillings wont hurt me, I suppose I can stop taking them when I like." He answered, "Oh yes, you can do that" I then signed on the under-st-inding that I could take the book like any other periodical, knocking off when I liked. Had I known I was to have the books all at once I would not have taken them. I next saw Bundle at my house. He said he had brought fourteen parts. This made my hair stand on ends, and 1 asked "Why have you brought fourteen parts?" He said that was the way they delivered ibcni. After some conversation I gave him a cheque for £3 10s. He then stated that there were twenty-eight more 1 replied, " Good God, how many more ?" and said I would not take them. The twenty eight parts were afterwards delivered in my office by Jager, but I refused to accept delivery, and returned them to Thompson's Hotel, where he was staying.
By Mr Pownall: I signed the contract without reading it. I very seldom sign such things without reading them, and am not likely to do so again. I look Metcalf to be an honest man.
Mr Beard submitted that the plaintiffs must be nonsuited on three separate grounds. The first was that the order form stated tfat the books must be delivered at the residence or place of business of the subset iber, whilst there was no evidence to show that the mill belonged to the defendant. Secondly, the signature to the order had not been proved. And thirdly, the receipt given did not ratify the contract. : He contended alio that there had been a misrepresentation made, and His Worship must therefore doubt the genuineness of the contract. Mr Pownall maintained that the books had been properly delivered. Further, the signature on the receipt had not been denied, and the quest'on of misrepresentation was not one for nonsuit.
His Worship: I shall hear the defence, Mr Beard. Mr Beard : Then I propose to call evidence to show misrepresentation.
Mr Pownall objected to this evidence, but His Worship over-ruled the objection.
The evidence of James Bentley and W. B. Chennells was admitted as taken in the previeus case. Charles K. Bremner deposed that a man whom he took to be Metcalf came to him and unfolded himself at length about the Picturesque AtUs. He declined to subscribe to the work owing to its expensive character, but Metcalf stated that it would be delivered in monthly pnrtsat 5s a part. Witness agreed on the following day to take three parts, and he endorsed the order to that effect. It was only owing to the importunity of the canvasser he took any of the parts at all. Mr Ruudle had wished him to take the three parts at onoe, but he declined,
By Mr Pownall: The Company had not tried to force him to take further numbers, although the agent Jager had stated they might try to do so. William M. Easthopegave evidence as to the contrac':. entered into between Metealf and Mr Chamberlain.
E. H. Waddington deposed to having taken twelve parts ot the Atlas under special circumstances. The case was then adjourned till Wednesday at ten o'clock, as several cases are to be heard at Carterton to day.
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Wairarapa Daily Times, Volume XII, Issue 3949, 27 October 1891, Page 2
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1,225PICTURESQUE ATLAS CASES. Wairarapa Daily Times, Volume XII, Issue 3949, 27 October 1891, Page 2
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