THE "PICTURESQUE ATLAS" CASES.

Otago Daily Times, Issue 8869, 29 July 1890, Page 4

THE "PICTURESQUE ATLAS" CASES.

Tho hearing of several of the cases in connection with the " Picturesque Atlas of Australasia'1 came before the R.M. Court yesterday. Mr E. H. Carew occupied the bench. The first case taken was BOWBBMAN BBOS. V. JKEBIB TATtOB^ This was an adjourned case, in which plaintiffs sued for £4 duo on order to supply the work named. The oase had been adjourned ,to take the evidence of Jessie Taylor, daughter of defendant as to signature of order. Sir E. Stout appeared for plaintiffs, and Mr Fraser for defendant. Jesßie Taylor said she remembered someone calling at her mother's house about two years ago. The man loft a book at tho time. Witness signed a paper for her mother. At this stage Mr Carew placed an order previously sworn to as signed by her brother into witness' hand, when she swore that the signature was in her handwriting. When asked to examine it carefully so as to make sure, she repeated that the signature was [hers. Mr Carew then handed the document to Mr Fraser, remarking, " I did it on purpose." Mr Carew said there was no use taking any further evidence from the witness. JCDaMEOTS. His Worship then gave judgment in Bowerman Bros. v. Robert Oowan, v. Jessie Taylor, v. William Robertson, jun., v. Jacob Graham, and v. Thomas Bathgate as.follows: — In each of the cases brought to recover amounts claimed to be due on promissory notes the facts and defence Are much of the same nature. One of the plaintiffs (JuSah Bowerman) travelled in the PentnBula district delivering partß of the "Picturesque Atlas," Mr Metcalf, the canvasser, having preceded him some months before. Mr Bowerman would go to the house of a subscriber and produce one or mote looße parts of the " Picturesque Atlas of Australia,." Subsequently he would make the fact known that he had a brand volume, and would produce the first volume dealing with Australia. There would then be a conversation about it, and the subscriber would agree to purohase the book, a part of the price would be paidincaßh, and a promissory note given for the balance. This was the übuhl sequence of events. In each of the cases the defence is that the defendant was fraudulently led to believe that the volume was either wholly or partly about New Zealand, and thus he did not discover that it dealt only with Australia until some time after plaintiff bad left his houie. In each case the defendant has sworn that he did not examine the book. In tome of the oases the defendants admitted that plaintiff showed them one or two plates, but nothing more In one case tho defendant and his wife swore that they saw only a small portion of the binding. Each defendant, in fact, wishes me to understand that he bought relying solely upon the plaintiff's representation of the contents of the book. The plaintiff, on the other hand, swears positively that in each case before tho defendant decided to purchase he opened the volume and showed most of the principal plates, and described what they represented. This ia clear: that in each case the book that was bought wbb before the purchaser, the name of it In large letters on the outside cover, and it seems to me improbable that a man would buy a book costing £4 or £5, more especially when the price was so much an object to him that it was inconvenient to him to par the whole of the price, without first examining the book In front of him to see what he was asked to buy. Another point Is that only in one case—that against Robertson—does the evidence show that the purohaser did anything for Beveral weeks afterwards towards rescinding the (contract, aud In Kobertson's cubo the receipt given to him for the part payment correctly describes the book as the first volume of the " Picturesque Atlas." In cases of this description fraud must be clearly proved, and I am not satisfied that It has been in any one of the oases I am now deciding. Judgment will be for the plaintiff in each case, with costs. In reply to Mr Fraser, his Worship eaid he would not allow interest. There was evidently a keen knowledge of human nature displayed, and people not in a position to do so were enticed into taking the parts. Mr Fraser said he would ask his Worship to allow time for the payment of the claims. His Worship decided to allow a week to pay the claims. BOWEEMAN BBOS. V. H. FAIBBANK. A claim, £9 ss, for copies of the " Picturesque Atlas of Australasia," delivered to defendant's order. Sir R. Stout for plaintiffs, and Mr Fraser for defendant. Sir R. Stout said that in this case defendant signed an agreement to take the work; he took 15 parts, and then refused to take any more. Thomas Henry Metcalf, canvasser for Bowerman Bros., remembered calling at Mr Fairbanks place. Defendant signed the order in his presence. He explained fully to defendant that the order was for the work of which he showed him copies of the first parts. He also showed proofs of New Zealand views to prove that the work would include New Zealand. The agreement was open before defendant when he signed it. To Mr Fraser: It was two years ago last April that witness got the order. Mrs Fairbank was present at the time. He showed defendant Farts 1 and 5. Fart 1 contained a psrtrait of Captain Cook, and Part 5 views of different parts of Australia. He told defendant it would take about two years before the work was completed; that it would be issued in monthly parts, to be delivered three or four times n year. He did not say how many he would deliver at a time. He did not think Mrs Fairbank was present when her husband signed the order. Judah P. Bowerman said that he called on Mr Fairbank on June 27, 1888, and delivered four parts of the " Picturesque Atlas." Defendant paid him £1 for them. He next showed him Part 5, and defendant agreed to take that also, and tendered him £1 in payment, witness giving back 15s change. Lindley P. Bowerman said he left 37 parts of the " Atlas " at defendant's house several weeks ago, and defendant refused to pay for them. In cross-examination witness said that he showed defendant the agreement to take tho whole " Picturesque Atlas of Australasia," and further told him that they would have to sue him. Defendant replied, "All right; go ahead." Daniel B. Bowerman said he was present when last witness delivered the bookß. Ho heard his brother's evidence, and agreed with it. To Mr Fraser: Defendant refused to take the work on the grounds that it was not a New Zealand work. The books were left on the verandah. Defendant might have told them not to leave the books there. It was plain to see he did not want them left there. Mr Fraser said the evidence in this case waa similar to that given in the cases previously heard. Henry Fairbank, carpenter, Highcliff, said.he remembered seeing Mr Metcalf in April 1888, who told him in presence of bis wife that tho work shown was a pictorial atlas of Australasia, and asked witness to subscribe. Witness refused to take it. Metcalf then came into tha house and talked a long time about the work Witness agreed to subscribe to a New Zealand work, which Metcalf said he was taking orders for. Witness asked the price, and Metcalf said it would be from £3 to £4, and the numbers would be delivered every three months. Metcalf showed him views of Taranaki, Wellington, and other parts of New Zealand. Witness signed a book, but could not remember whether he signed anything else. Metcalf handed him the book to sign, but kept bis hand over it. Witness did not see what was in the book, and nothiDg was explained to him. He would not swear that the signature produced was Dot his writing. Witness only agreed to take the New Zealand part of the book. Mr Judah Bowerman came with the boohs. Witness then caw that they were all about Australia, and refused to take them. After some conversation with Bowerman witness agreed to take the five numbers offered, but did not look inside of them. He would swear that Mr Bowerman did not show him the agreement. Someone came 12 months afterwards, and asked him why he had refused to take the books. He believed the person waa Mr Cronk. The two Bowermans came afterwards. They showed him his 6igpature, and presented 37 numbers of the "Atlas." He told them he would not take them as he had ordered a New Zealand work. They said they would leave them on the verandah. Witness replied they would remain there, and there they were yet. He would swear the Bowermans never asked for payment. To Mr Carew: Ho would swear that Bowerman said these numbers were about New Zealand. To Sir R. Stout: Ha did not see Bowerman open the numbers. spoke about the New Zealand work before he was shown the bound nnmber. Bowerman told him he would save something by taking the bound number. He came with four numbers, aud witness said he would only take one. Bowerman replied that he could not oome round every three months with ono number. Bowerman pressed witness to take tho fivo numbers, which he did. He thought Bowerman was trying to put upon him an Australian work when ho had ordered a New Zealaiui wurlr. Ho never thought about roading tho order lioforo fiiguing it. Judgment was reserved. HOWKUMIN 11H0T11KK3 V. JOHANNA DOHERTr. Ulaim Xt> 10a, for copies of "Picturesque Alliiu of Australasia," delivered to defendant's imlor. Sir 11. Slont n»id that iWendnnt bad taken it'imi'Uot tlui work, nml tboii refused to take the rtitiK Ttumian Vlnnvy Mtiteulf (tuva ovidonoo as to tha agraeiuont vnailt* and sl(iiitil. To Mr I'rassjn I uwutlomul that New Zealand wtrtiUl ltti iui'Uitlttil in t-lw work. I saiil it would t>u ilalivcVjnl In inmitiors as they were iv-aily, throe of Uww Unies n yiair. Mv I'tftsw ■• Ht>v« you iwor buun in gaol ? Witness: Not to my knowlorige, or I proliatily aliouM hnvii mhui you there. Blr U. Stunt objtiutod to such quostions being Hnkdil. Mr Qitrmv oonourrcd. To Mr Frnsor: Witness canvassed Mrs Dohorty for an Australian work, and not a work doiillng exclusively with Now Zealand. There were about eight parts dealing with Now Zealand. Those parts were under the same heading. Mr Doherty was not present when witness took tho order. He was quite positive of that. Judah Bowerman gavo evidence as to the delivery of the first 14 parts of the *• Atlas." He showed defendant through about half, and she did not raise any question about the work. David P. Kowerman said he oalled at Mrs Doherty's about three or four months after his brother delivered tho first parts, and delivered parts 15 and 16. He tendor :<". Mrs Doherty nine more parts, but she refused to tako them. She said she did not understand the nature of the contract she had entered into, and said she had only ordered one part. Liildley P. Bowerman said that ho left 26 parts of the work at Mrs Doherty's house about a couple of weeks ago. She refused to pay for

I them, and said she had given them enongh of I | her money. I To Mr Froaer: She told him to clear out and . take his books with him. '; Johanna Dohorty said she was a married ! woman and had separate property of her own. She saw Mr Metcalf first. He showed her plates belonging to the " Pioturesque Atlas," and told her the price would be sa. He did not say whether it would be in separate parts or one book. Witness took it to be one book at ss. She signed a book containing a list of other names. She did not remember signing anything else. The signature on the order produced was like her signature, but she did not remember signing it. Mr Judah Bowerman came up to deliver the books, but she declined to take them as Bhe had ordered a book to cost ss. He told hot she was but a woman, and he would give her a bit of lawyer's advice. He frightened her into paying £3 103 for the 16 parts ho brought. He did not show her through any of the parts. When the last lot were delivered, one of them was- speaking to her while the other two went into the bar parlour and left the books. She told them not to leave them, or she would throw the books out. They left them and drove off. She did not remember being asked to pay for them. To Sir Eobert Stout: She did not remember David F. Bowerman showing her the order. She denied the signature to Mr Bowerman, saying it waa a very good imitation but not her signature. Judah B. Bowerman (recalled) said he could affirm most positively that he delivered 14 parts of the work. He was perfectly clear about showing Mrs Doherty through half. He showed her pictures of seven different parts. They had about 100 subscribers on the Peninsula. He did not generally deliver books to people he stayed with until he was about bo leave. Judgment waa reserved in this case also. BOWBBMAN BBOTHEBS V. HENBY EICBMOND. Claim £9 ss—similar case to above. Thomas Henry Metcalf, Judah P. Bowerman, David P. Bowerman, and Lindley P. Bowerman gave evidence. ' Henry Richmond, coach proprietor, remembered MetcalE calling on him about two years ago. He introduced himsolf as an agent for a "New Zealand Atlas," similar to the "Picturesque Atlas of Australasia." He said it was not Sir Julius Vogel's work. Metcalf produced an order book, which witness signed; , but did not see what he was signing. Tho cost' of the work was to be £3 10s.. Metcalf told him tho work would not be out for 12 months. He next saw Judah Bowerman, and expressed surprise at tho "|Atlas " being out so soon. Witness then saw that he had been " had." He got 25s and gave it to Bowerman. David Bowerman came next. Witnesß refused to take any more parts of the work, as it waa not what he expeoted. Thirty-seven books were left at his house with his wife. To Sir Robert Stout: Witness did not read the form he signed, nor did he ask Metcalf to sign it. No ooncealment was made by Bowerman. Judgment was also reserved in this case. _ BOWEEMAN T. H. DUCKMANTON. In this previously heard ease judgment was given as follows:— This Ib a olaim for 28 parts of tho " Floturesque Atlas of Australasia." The defendant alleges ho Bigned the printed order for tho work without readIng it, and on the representations ol plalntifiV canTasaer; that the work was to cost £5 or JB6; that It would be issued in monthly parts at 5s each, and the issue would extend over from three to five years. It is not disputed that when the plaintiff, Judah Bowerman, offered to deliver the first six parts, he alao showed him a bound volume of the first 14 parts, and the defendant agreed to buy it, and it has been paid for. Defendant says now that he thought there would be only two volumes, and was willing to take another volume dealing with New Zealand. The canvasser, Mr Metcalf, says he dcci not remember saying that the work would cost £5 or £6, but he would not contradict defendant if he swore he did Bay 60. If he didsay so, then what defendant admitß he also said—namely, that it would be issued in monthly parts, extending over from throo to five years—is inconsistent with tho other statement, because it would then cost from £9 to £15, not from £5 to £6.. If a person signs an order oarelesaly, without reading it, then if the document 1b consistent with either of the contradictory statements he cannot say ho has fraudulently been induced to sign the dooument. Judgment for plaintiff for £7 and costs.