MIS-PLACED CONFIDENCE.

Wairarapa Daily Times, Volume XIII, Issue 4202, 26 August 1892, Page 2

MIS-PLACED CONFIDENCE.

C //. Campbell's Fmmmtions. A Mortgaged Piano. A case of more than ordinary interest was heard in'the Masterton R.M. Court before Colonel Eoberts, R.M., yesterday afternoon. It appears that < some months ago there was in business' in Masterton an' individual of the name of diaries Herbert Campbell, a dealer in musio, repairer of pianos, etc. Amongst other agenoies he possessed was that of the London and Berlin Piano Company, whose pianos were on view in what was known as "The Musio Warehouse." A customer for one of these instrument was found in the percon of Miss JessieCorbett, of the Boyal Hotel. An agreement was drawn up and signed, by both jiirties, by whiohMissCorbett, took the piano and was to pay £3fr cash, and the balance in instalments of £1 7s 6d per month. The payments were made, and acknowledged in the collection book of the Berlin Piano Company. ■ At the expiration of a. few months Campbell, anxious to raise a few pounds, approached Mr Pownall end.asked for the loan of £2O, offering as security the agreemoot to pay for the piano entered into by Miss Corbett. Mr Pownall per- . used tho agreement, tested the sigritk tures, and thinking the transoation i?

bonaf.de one, made the advance under an ordinary mortgage, A few weeks later Campbell suddenly and mysteriously disappeared. Mr Pownall, thereupon, wrote to Miss Corbett, requesting that the payments be made to him, and two monthly payments of £1 7s 6d were made, All went well until the agent of the Berlin Company arrived in Mosterton, wheu Miss Corbett wis advised to make no further payments to Mr Pownall. The result was that a demand for the usual instalment having been re-

pudiated, Mr Pownall sued for the recovery of the amount owing. The defence set up was that the

piano was purchased from Messrs Campbell and Clifford, who were acting for tho Berlin Piano Company, and that the payments were made to Mr Pownall on behalf of that Company. The defendant was represented by Mr A, R. Bunny. For the plaintiff Mr E. H. Eton was called and proved the assignment of the hire of the piano to Mr nail by 0. H. Campbell. George Cork deposed that he was in the employ of Mr Campbell for some time, and was aware that a piano was sold to Miss Corbett on the hire system, He had witnessed tho signature of Miss Corbett to the agreement to take the piano. Atfiret Campbell wanted £65, but Miss Corbett stated that the arrangement was for £55, and it was for the latter amount the agreement was signed, Charles Aylnier Pownall deposed: On April 29th, I advanced to Mr 0. H, Campbell the sum of £2O upon an instrument over a piano which was let out to the defendant on an agree" ment to hire. The sum of £27 10s was still owing, and had to be paid in instalments of £1 7s 6d, The bail" ment produced was shown me, signed by the defendant and witnessed,, when I made the advance, The advancement was made on the fate of Miss Oorhett's signaturo. The bailment stated distinctly that Mr O.IL Campbell was the owner oi thepianm At tbe time of the bailment I did cot treat with Mr Clifford, who had previously been a partner of Campbell's. I wrote to Miss Corbett, informing her that I was entitled to the payments, and asking her to pay me. 1 was paid two instalments, one due in May and one in 3 une. Default was made on tho instalment duo on July 23rd. I made demand, and not being paid 1 instituted the present proceedings, No objection was taken to my being paid until after Mr Campbell bad levanted, I have no doubt • of the transaction being bona fiie. There is no other seourity or lien registered against the piano excepting I mydooument. I received a reply t • my demand that no further payments > would be made until the detendant had heard from the London and Berlin Piano Company. I advanced the L2O to Campbell purely upon the signature of Miss Corbett to the bailment,

By Mr Bunny; I would not have trusted Campbell without Miss Oor.j bett's signature. I was never by Campbell for more than £2O. I would be surprised to bear tbat Mr Clifford had sold tbo piano to Mies Corbettpn behalf of the London and Berjin Company. Mr Bunny: |ou know that Campbell has turned out a rascal and has, had various people in the town 2 Mr Pownall; That may be so, Mr Bunny; And you havo been fad amongst tho rest.

Mr Pownall; I havo not. Jt wil) bo a cold day for Campbell when he has me. (Lighter.) Mr Bunny: Well, if you do not have to pay, Miss Corbett will ? Mr Powndll: I suppose so. Mr Bunny: I hear that you have had the piano taken out of the Boyal Hotel since tho present proceedings were commenced, Mr Pownall: I havo. Mr Bunny: Then more shamoto you for doing bo I Mr Pownall; I seized the piano for default in payment of another }m stalment. I told you before J 'm&f not to be hyi. • ''' ' ' '

Mr Bimtiy; Do you consider y our action professional or gentlemanly 1 ' MrPownall; Ask me questions now and I'll aijswer. I'll argue. the matter with-yp'u later."

CroßesOxaroinalion continued; I offered to indemnify Mies Corbett if a third party claimed on the piano, I am aware'that the Ijerlin Company are guarapteeing the costs of the defence in 'this action. Miss Corbett is merely a dummy, The Company is putting her up to resist my claim, t was totafly unaware of any trangaO: tjon between theßerljn Cqmpany an/} Miss CorliqU when I lent the tnoney. This was the case for the plaintiff. Mr Bunpy maintained, for the der fence, t|iaf a must be entered, as no evidence of default on demandhad.heen given. There was nothing to sboyy that Campbell had refused to pay the interest or the principal, and this action could therefore not.Jjfl brought. The piano had, been sold, to Miss Corbett by Messrs Campbell and Clifford on behalf of the Berlin Company.

Mr Pownall replied that it was not necessary to' prove the default, Mr Campbell was the owner of the goods within the meaning of the law, and Miss Corbett was now estopped from setting iip" the plea that 'any dthor person was the owner,' ! "> ut j.' lengthy argument on thelega ispscts of the-ease tookphcej aftei which His Worship intimated that hi ffould prefer h airing tbe'defence. Thb case was then adjourned til jleyen o'olook t'o-day.(Friday),