APPLICATION FOR ORDER.

Wairarapa Daily Times, Volume XVI, Issue 5188, 22 November 1895, Page 2

APPLICATION FOR ORDER.

In the Masterton S.M, Court yostoday, the adjourned case J, B, Keith v.'H. Colo, in which plaintiff asked the Court to mako an order against defondant for the payment of £2O, being amount of a dishonored promissory note ondorsod by defendant, plaintiff having previously obtained judgment.

Mr Pownall, who appearod for Mr Colo and also for It. Bartlett, Cole's partner, stated that Mr Bartlett was willing to allow tho books of the partnership to bo examined in Chambers.

Henry Cole, on oath said: lam ; producing tho books of partnership 1 for Mr Keith. They are thp only ' books I keep. ■ To His Worship: If there are [ any profits, I get a share; if a loss, : I pay nothing. Prior to the 7th of 1 June, Cole and Bartlett had an • account at the Bank of New Zealand, but it bad run out. We did » not owe tho Bank any money, Mr Ealph Bartlett opened the present account with his own money. I • have no intorest whatever, in tbe^ properties which are assumed to be-jHfe long to the firm If there is profit, I am supposed to get 15s per week. I put no money into the business, We opened an accbun); at the Bank of Now Zealand,' with Bartlett's own money. lam merely a servant of the firm. I considered my namo was worth something, and I also understood horses. lam not a partner with Bartlett, only in the profits, as stated. Mr Bartlett takes all the money. I sometimes pay money into the Bank;, His Worship said very nearly all the entries in the Bank book were in Cole's name. Witness continuing said: Saxon < was in the employ of the firm and drove a cab and kept tho books. I have no asset of £IBO as yet down in the book, I never put a sixpence into the business, I alone signed a bill to Eouse and Hurrell for the hire of a car, Bartlett did not sign a bill to that firm. , Mr Keith contended that by own evidence he was a partner in tivM firm, : 'r , ffIn giving judgment His Worship said it appeared' Cole wis a partner, and from the bank-book it appeared that'there was sufficient to hye jnpt the judgment; On the ground thai Cole had means to pay and that his evidence was unsatisfactory, an order would be made that £lO a month be paid or an alternative would be fixed.