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SUPREME COURT., Nelson Evening Mail, Volume IV, Issue 277, 25 November 1869
CIVIL SITTINGS. [Before his Honor Mr. Justice Richmond]. The cafe of Levin v. Beaumont contiuued from yesterday : — Nathaniel Levin re-examined : Mr. j Tetley was introduced to me by Mr. Weld who spoke most highly of him. In 1859 Tetley took a nine years' lease of Major Richmond's run at £2,000 a year. I always found the money to pay this rent. From time to time he sold sheep from Richmond Brook. The rent to Mr. Trolove was £1300 for the first three yeurs, and £1800 for the last three. This reur. was also paid by me. I believe that up to the time of Tetley's return from En sr land in 1865 I was his sole creditor, mid I do uot think he incurred any future expenses except to pay for runs he purchased. About the end of 1865 he wrote to me saying he should have toopeu an account at the Bunk of New Zealand for email accounts. The sheep that he rented were on the usual terms. Among, others he had 1000 belonging to my sisier-iu-law. I umrfe the agreement with him in 1862 and renewed it in 1968 just previous to his leaving for England. There were also 615 of Mr. Bell's. which were purchased by Tetley in 1867, the money, £400, was paid by us. The reason why I obtained 'be mortgage from Tetley in 1862 was because he was going to England, and 1-st any accident might happen to him Up to that, time I had ni-ver press-d him either for money or scnrity. In 1863 Beaumont placed £2700 with üB, for which we allowed him the usuul bank rate of interest. The moiiy remained with a» until Benumunt drew it. to pay Tetley. I received a letter from Tel ley about ihe. mi>ldle of Fei>runrv, 1865, endorsing drafts Irom the other ihive young men. I gave no advice ■• s to the terms on which the sheep purchased by B<-aumont and the others, should be left with Tetley. Some months .-<fier they were purchased, I received a letter from Beaumont, in which he said "you will probably know that we are to receive £800 a-year from Tetley." With the exception of that and one more let'er that has already been read, I have received no intimation from Beaumont or any of the others with reference to their investment in sheep. Iu 1866, Beaumont, Garforth, and Wbarton owed me £554. This was paid by Tetley. In 1867 there were on the Kekerangu aud Richmond Brook runs plenty of sheep to pay off defendant's demands if he had chosen to ciaim them. Iu 1866 I took a mortgage from Tetley, as his overdraft had then increased to £20,000. Until 1868 I had never seen any of Tetley's properties but depended entirely upon the representations made to me. This closed the case for the plaintiff, the Attorney-General reserving to himself the right of calling witnesses to rebut what might be brought forward on the other side. Mr. Conolly submitted that there was no evidence to go to the jury that the plaintiff was in business at the time the slander was uttered. The pleas as amended stated that he was a merchant and commission agent in New Zealaud, whereas it had been shown that he had only been engaged in one transaction in 1869, the partnership having been dissolved in 1868. It was also shown that at the time the slander was uttered, the plaintiff Jhad let his house, sold his furniture, and was just on the point of sailing for England. Tiiis objection having been overruled by his Honor, Mr. Couolly opened the case for the defence and called Richard Beaumont, who stated : I became personally acquaiuted with Tetley in 1864, in Yorkshire, where I was introduced to him by a friend of my father's. On receiving an invitation from Tetley I met him for the purpose of talking over New Zealand affairs with him. In (he course of conversation plaintiff's name was mentioned. I did nor. see much more of him until we sailed for New Zealand. Shortly after our arrival in Wellington I, in company with Tetley, dined with plaintiff. Gar f or i h and Wbarton came in the evening. The conversation took a general turn and Iremember that Tetley was highly praised. I Lad a business conversation with Mr. Levin at liis office n few days after our arrival where I met Tetley by appointment. Wharion, Gurforih, and myself produced li.M.tei'B authorising us to draw on England. We were told it was desirable for 'young
men to invest money as soon as possible, as it gave them a stake in the country, but that as new comers were not well able to judge of an investment it should not be locked up for more than two years. Plain tiff said, Why don't you lend your money to Tetley, you can't do better. A discussion took place as to the value of sheep when Tetley said to Levin "You know it doesn't matter much about the price as in this instance it is a mere matter of form." Eventually we purchased 7000 sheep from Tetley which were to be left on terms. The sheep were not delivered, nor set apart, nor was there any written agreement. We received 12£ per cent, for the invesfment. For the first five or six months we all lived with Tetley. It was not until nearly the end of 1868 that I learned that Tetley was largely indebted to L-^vio. Tiie Manager of the Bank of New Zealand was the first to inform me afier Tetley had left for England that his affairs were in a queer state. I had no notion then thar. he owed Plaintiff any money. The Bank has seized his sheep, and plaintiff lias foreclosed his mortgage. I have received £900 from Levin indirectly, as he and I l»oth held bills of sale over sheep, and he gave me this money to waive my right as fh°re was some douht as to the validity of his document. In December, 38 8, I met the plaintiff in Picto l. I refused to shake hniitls with him or to have anything to say «o him, except, as regards business matters. We then went to Mr. Conollv's together, where Lt j viu remonstrated with me for treating him so coolly, and assured =ue that I w»» under hij error. I complained then of his having taken a mortgage over Tef ley's property, after having a-lv'sed us to trust him with our money. He said ihis inort<ra»e was only asuMiuite for one that hntl ben executed in 1862. At Bl'-nheim, Mr Levien endeavored to explain away many cliarjres that I had brought against him, I s;iid that by propping up h man of straw he had been the mea s of deceiving us, und that in. advising us to invest money with Tetley, when he was so deeply in his (Lnviu's) books, he had not acted justly towards us. He replied thnt at that time Tetley only owed him a trifling sum. He said he had always considered Tetley's property quite sufficient to meet all demands upon it. After his explanations he asked me to write an apology for what I had said with reference to him, which I did. Speaking of the mortgage, he said that it showed what confidence he had in Tetley, that he had never even registered it. Subsequently I iuspected the account at Levin's, aud found that he had come out in the first instance without money, and thnt he had never bad any. After I had looked over the books Levin said, " Well, you ought now to give me a clean bill," to which I replied, that I would not do so, as I was more than ever convinced that the charges I had at first brought against him were correct. Mr. Levin, jun., said that I ought not to blame them, but I said I was not so childish as to blame them for honest advice wrongly given, but that I did do so for fitting Tetley out like a privateer to prey on others. I heard Mr. Eyes' evidence, that portion referring to what I said about Mr. Levin was correct.
SUPREME COURT., Nelson Evening Mail, Volume IV, Issue 277, 25 November 1869
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