R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4116, 18 May 1892, Page 2

R.M. COURT.

OARTERTON-TUESDAY. (Before Colonel Roberts, R.M) A, A, Mercer v A. G. Baylies. ! This was a case in which the defendant asked to have the 'case reheard on the grounds that he had a counter ' olaim against the plaintiff far exceed--1 ing the demand of the plaintiff. Mr ' Acheson for the plaintiff (Mercer), Mr Pownall for tho applicant (Baylies). The applioant stated that the plaintiff (Mercer) misled him by telling him that the case had been withdrawn, in consequence of whioh he instructed his solicitor not to attend, and neither did he appear in person himself to defend tlin action. . His claim was £6O odd against the firm of Mercer and Bayliss for wageß due. A. A..Mercer, plaintiff in the case deposed that the defendant (Bayliss) promised to pay a pound.per month till the claim was liquidated on the condition that the case was withdrawn. Witness saw his solicitor on the matter, and he advised him to get the defendant to confess judgment of which he informed the defendant, This was not done. To Mr Pownall: He did not tell the defendant anything calculated to mislead him, He told him that it would be better to settle it out of Court, Hip Worship intimated that he would defer further consideration of tho matter for a few days, A, M. Brown v, Irwin Armstrong. Claim for balance due for the enlargement of a house on the Taratalii, Mr Middleton for plaintiff, Mr Acheson for defendant. Richard Harman, Geo, Coker, Carl Gustafsen, and Goo. A. Fairbrother gave evidence on behalf of the plaintiff. The plaintiff was nonsuited, with costs 148, witnesses' eypenra 31a 2d, and counsel's fee 21s,