SUPREME COURT.—Wednesday. CIVIL SITTINGS. (Before his Honor Sir George A. Arney, Knight, Chief Justice )

Daily Southern Cross, Volume XXX, Issue 5116, 15 January 1874, Page 3

SUPREME COURT.— Wednesday. CIVIL SITTINGS. (Before his Honor Sir George A. Arney, Knight, Chief Justice )

Knight, Chjef Tho civil sittings of the Quarterly Cirouit Court comtnoucod yesterday. Longdale v. Wrbb —Mr. Gillies for the plaintiff; and Mr. Rees, and with liitn Mr. J. B. Russell, for the defendant. Tina was an action to recover the sum of £271-6?. 8(1. on a promissory note made by the defendant to Bucholz and^Co., and" 1 endorsed by them to "the plaininff.-r-Tho 1 defence was that the promissory note was made to Bucholz and Go. for their accommodation, and that there never was any value or consideration, and that it was endorsed to the plaiutiff without any consideration.—The pleabeiug anaffirmativo one, Mr.Roes, for the defence, opened the case, putting the following facts to the jury. Mr. Webb was the owner of certain premises in Fort-street, and Bucholz and Co. were his tenants, paying him £500 a year rent. He went into mining transactions and contracted certain debts, including ono to Mr. W. Swanson of £421 6s. 8d. He could not pay them, aud he applied to Bucholz and Co, for assistance, when the following arrangement was made : Bucholz and Co. were to pay Mr. Swanson's debt, aud tho other liabilities, amounting to about or £400, and were to obtain a new lease of his ptoperty from Webb for £50 a year IeBS. They were also to receive all the Tp$B and profits coining from Webb's properties, wherewith to reimburse the amounts paid to Swanson and others on account of Webb. When that was done Webb was to resume possession of his ronts and profits and Bucholz was only to pay £450 a year rent. That arrangement was carried into effect but when Buoholz reduced Swanson's debt to £271 63. 8d., Webb for his accommodation gave a promissory note to renew that amount. At th« conclusion of his address Mr llees obtained leave to add two pleas, to the effect that the plaintiff was not, for the purpose of the action, the holder of the bill.—Mr. Gillies then opened the case for the plaintiff stating it was as follows : In October 18G9 Webb owed Mr. Swanson £395 on a promissory note which when it fell due was dishonored. Swanson threatened to sue, and Webb then went to Buoholz and solicited his assistance. Bucholz agreed to assist-him •0 far as he could by endorsing hi? bills on condition that he should apply his own rent and draw other rents of Webb's stores until ho was paid the amount for which he became liable. In purauauce of that agreement Bucholz endorsed Mr. Swanson's bill, which, with interest, amounted to £421 6s. 8d. It was renewed once or twice, Bulcholz paying off portions of it as ho was enabled from the funds that came into his hands, until it was reduced to £271 63 8d. Ho f r*t paid £100 off, and when the balanoe — £321 6s. 8d.—came due, Webb was in England. When he returned Bucholz had gone Home, and the present plaintiff, who was manager for Bucholz and Co, had become holder of the promissory note. The caso for the plaintiff Was then proceeded with.—William Swanson deposed that when the defendant's first promissory note was dishonoured, ho refused to renew it without some good endorsement, and, at the defendant's suggestion, consented to accept Mr. Bucholz's, who eventually paid it. When Webb came back from England witness asked him about the bill, and he said he was sorry that Buoholz had had to pay, but that he expected shortly to receive a large sum of money, when he would pay Mr. Bucholz the principal and witness the interest. Tho defendant had not done so, although he had offered to pay tho interest since the present action had been commenced. "Witness handed Longdale over the bill on which to sue Webb for the principal on the understanding that, if he recovered the amount, he would pay the interest.—John Richmond, solicitor, gave evidence as to advising that the action should be brought in the name of Longdale. The promissory note was transferred to the plaintiff individually for the purpose of his suing. —K. W. Longdale, the plaintiff, was next examinod, and doposed "that he held a power of attorney from Mr. Bucholz. He corroborated the previous testimony.—This closed the plaintiff's case. -Mr. Rees having addressed tbo jury, called Samuel Henry Webb, the defendant, who testified to the facts stated by Mr. Rees in his opening. "When the bill came due Bucholz said he would not be able to carry out the arrangement unless witness would give him hia name. Witness did so without hesitation. He heard nothing more about it for three years, when he received a writ. He had forgotten all about it. On returning from England he was surprised on being told by Longdale that he owed Bucholz and Co. about £300. If ho had credit for the rents received by Bucholz on his account and for wine and other thin?s sold, he believed thero should be over £1,000 comiag to him.—Cross-examined by Mr. Gillies : Understood that Bucholz was to pay all the debts at once, and to reimburse himself from the rents of witness's properties. The rents amounted to about £700 or £S0O a year. The properties were mortgage4, and Bucholz had to pay the interest out of the rents received. The iutorest amounted to about £230 for the year, and there was a ground rent of £150. This was all the evidence for tho defence, and the case was adjourned until this morn* ing. —The Court then adjourned.