DISTRICT COURT, HAMILTON.

Waikato Times, Volume XXIII, Issue 1931, 20 November 1884, Page 2

DISTRICT COURT, HAMILTON.

Thesday.— (Before His Honour, Judge Smith.) Ba>k of New Zealand v. Coojibes. — Mr Hay for plaintiff, Mr O'Neill for defendent. This was an action brought to recover £68, balauce of a bill of exchange, drawn by Samuel Priscoe, on Messrs Hartley and Co., Belfast, for £100, which had been duly presented and dishonoured. Interest, re exchange and notarial charges were also claimed. The defendant was sued as endorser. The defendant denied (I) the endorsement (2), the notices of dishonour for non-ac-ceptance and non-payment, and (3) alleged the release of the endorser by the plaintiff giving time to the drawer of the bill. For the plaintiff Mr James Hume was called, who deposed that he was manager of the Bank of New Zealand for Waikato ; that Pascoe signed the bill, and defendant endorsed it in his presence. Mr Hay then tendered, in evidence, copies of the notices of dishonour, which Mr O'Neill objected to. A length controvery then took place between counsel and the court, and it was ultimately ruled that all the requisites of the Banks and Bankers Act having been complied with, secondary evidence of the notices could be given, and the copies were admitted and examination resumed Mr Hume stated that defendant had several conveisatious with him after the dishonour of the bill, and admitted receiving the notice of dishonour. In every conversation he acknowledged bis liability to pay. He (the witnes) never made any arrangement to give Pascoe time to pay. He took an order from him on the New Zealand Loan Company. This was meiely collateral and was the best thing he could do for the defendant. Defendaut had asked him to try to get the money from Pascoe. The loan company, not the bank, had a power of attorney to sell Pascoe's property. He received £76 19s 7d under the order and applied it to part payment of the bill and interest. He also applied two small amounts lying to credit of Coombes and Pascoe and S. Pascoe respectively. £lf> was charged for re-exchauge and 19s b'd for notarial expenses. The amount now due was £GB. Mr O'Neill claimed a non-suit on the ground (1) that it was not proved that the second and third bills of exchange had not been paid ; (2) that time had been given by taking the power of attorney and the order ; (3) that the £76 19s 7d was paid by the loan company, not by Pascoe, as stated in the particulars, and this brought the amouut beyond the jurisdiction of the court. He quoted from Byles on Bills. Mr Hay replied and explained why second and third bills were taken It was sufficient for the plaintiff to prove that the money was owing. As to tho second point he quoted from various authorities to show that the taking of a collateral security was not giving time. There must be a binding agreement to give time. The power oE attorney was not given to plaintiff, and if it had been it could not have amounted to giving time. As to the third point the question of jurisdiction had been deoided in plaintiff's favour at the former trial. The loan company paid the £76 19s 7d, as Pascoe's agent, and what is done by an agent is deemed to be done by the principal. The Court declined to grant a non-suit, and would reserve the second and third points. Mr O'Neill called the defendant, who denied receiving the notices for dishonour, and denied the conversations with Mr Hume ; he never admitted his liability. When pressed in cross-exami-nation he would not swear positively that he had not received the notices. Samuel Pascoe gave evidence as to giving the power of attorney to the loan company, not the bank. it had nothing to do with the bill. He gave the order at Mr Hume's request. He understood that defendant was discharged from liability on the bill, but nothing was said by Mr Hume about his being discharged. Counsel having addressed the court, his Honour Btated that were it not for the question of jurisdiotjon, ho could give judgment at once, but he would like to look into that. Judgement reserved until next court day.