PICTURESQUE ATLAS CASES.

Wairarapa Daily Times, Volume XII, Issue 3993, 19 December 1891, Page 2

PICTURESQUE ATLAS CASES.

Further Prosecutions

Bowerman v McLeod (continued).

On the Court resuming at two o'clock, the evidence as to misrepresentation taken in the Graham and Chamberlain cases was read from the note hook of Colonel Roberts. Mr Pownall submitted that the outside evidence of misrepresentation was not relevant to this case.

His Worship : You are rather late n entering this objection.

Mr Beard: The evidence has been admitted by the consent of my learned friend.

His vVorship decided to admit the evidence as read.

Mr Pownall quoted certain extracts from law relating to the case. His Worship said the first thing he had to consider was the question of the signature to the contract. It devolved upon hitn to perform the functions of an expert in these cases. He had concluded that the signature to the patron's list wag that of the defendant, but was not so clear about the signature on the contract. The canvasser Metcalf had stated that defendant had signed two documents, whereas the defendant and his daughter swore positively that only one document was signed. He arrived at the conclusioj, therefore, that the signature to the contract was not that of the defendant, and theie was no proved contract to take more than one number. The books were not delivered in a way that rendered the defendant liabje, and judgment would therefore be given for the defendant, with costs £2 2s. The case Bowerman Bros. v. E. 0. Smith, a claim for £3 10s for fourteen numbers of the Picturesque Atlas delivered, was next heard. Ernest O. Smith, the defendant, deposed: In June of lust year 1 was canvassed byan agent who I believed to be Metcalf I said I did not care about taking the Atlas, but the ultimate decision was tbut 1 ras to take one number or more monthly. The signature to the contract produced looks very like mine. It might be a forgery, but it looks like mine. My signature was obtained under false representation. The contract wa never produced by any other agent. The books were delivered at my office in my absence. I have not offered to return the books. They remain in the office just where they were placed and have not been opened. 1 received a letter on September 4th from the plaintiffs, s ! ating that the books were delivered. I was afterwards waited upon by another agent, who requested payment. 1 asked to see my order. The agent said ho lmd not got it, having left it at the Empire. Hotel in Masterton, but if 1 liked to go there I oould see it. I replied that until I saw the order I would have nothing more to do with the books. I told the agent if he left the books at my office lie did so at his own risk. Elad I seen my name to the order I had other grounds for repudiating my liability. By Mr Beard: No agent offered to deliver the books until they were delivered in September last. 1 will swear Bowerman did not speak to me on February 17th last, as he states. The whole of what he says in his evidence taken at Dunedin about an interview with me is absolutely false. I will swear that I never refused to accept delivery of any numbers of the Picturesque Atlas tendered to me.

The evidence of agents taken at Auckland and otber places was put

For the defence Mr Beard urged that the signature to the contract had been received by fraudulent misrepresentation, and the first number of the work had not been delivered within the twelve months specified in the contract.

Mr Pownall replied at some length, after which His Worship reserved his decision till the following morning. SATURDAY. After some little further argument this morning, His Worship gave judgment for the plaintiffs for the amount claimed, with costs, L 5 9s 6d. At the same time he held that the evidence of the tendering of delivery in February was not satisfactory. Leave to appeal was granted to Mr Beard.

The next case was one, Bowerman Bios. v. Walter Harris, a claim for £lO 10s for the whole work The circumstances of the case were similar to those of the previous cases heard.

'The defendant, on oath, denied the signatures to the whole of the documents produced, and said he had' verbally agreed to take one number or morj.

The evidence of the delivery and canvassing agents was put in. The defence was that the signature was not that of the defendant, that the books had not been delivered under the terras of the agreement, i.e., within twelve months, and that there had been wilful misrepresentation on the part of the agent. Arthur Harris, a son of the defendant, swore that his father bad signed one document only, and that the patron's list. He had agreed to take one number o[ the Atlas. Mr Pownall said the evidence in this case was so extremely equivecatory that he intended taking a different course than in the other cases. He would ask for a nonsuit, so that he could take further proceedings in the Supreme Court. His Worship: The plaintiffs are therefore nonsuited, with costs. The hearing of the remaining cases was then adjourned to January 28th. _____________