THE PICTURESQUE ATLAS.

Wairarapa Daily Times, Volume XIII, Issue 4037, 13 February 1892, Page 2

THE PICTURESQUE ATLAS.

Masterton Viottas la Court

In the Masti>rton R.M, Court yesterday afternoon, before Colonel Roberts, R.M., judgment was given for the plaintiffs in the case Bowerman Bros, v, Falloon, a claim for £lO 10s, with'oosts. His Worship stated that in bis opinion, sufficient evidence had not been given of misrepresentation. The defendant had also admitted his signature to several persons. . The case Boworman Bros, v. B. E. Chamberlain, a claim for £7, was then beard, < The facts of the case were similar to those elicited in a case heard some months ago in which the plaintiffs werb nonsuited. Mr Pownall asked' leave to put in the. evidence'taken in the previous case, with the addition of that, of tlio agent Metcalf, taken on commission, The Bench agreed to this course being adopted, and the case for the plaintiffs was closed." Mr Beard, for tho defendant, maintained that there had been misrepresentation and fraud on the part of the plaintiffs, and the defendant was therefore not liable, He trusted the Court would not allow itself to be tie medium through which contracts of this kind were to be legalised, He anked. the Court to deoide whether the cases we're to be continued and the plantiffs nonsuited time after time. He maintained that to discourage further'litigation His Worship should arrive at a finality and give judg ment for the defendants, This Court should not bo the medium for transmitting cases from one Court to another, thus giving the man with money the advantage, but should determine the actions with- the full evidencebefore.it.

Mr Powna'l pointed out that the evidence of Metcalf was sufficient to justify the Court in giving judgment for the plaintiffs. If this was not donohe maintained that His Worship should enter a nonsuit, as had been done in the case of Strawbridge, There was not, however, sufficient evidence of misrepresentation in this case to void the contract, and the signature ha#Eeen proved, A deal of Argument took place on the legal aspects of the case, and His Worship reserved his decision so as to go fully into the question of misrepresentation,