MAGISTRATE'S COURT. Yesterday. Before Major Keddell, S.M. CIVIL CASES.

North Otago Times, Volume XXXVII, Issue 8123, 7 November 1894, Page 4

MAGISTRATE'S COURT. Yesterday. Before Major Keddell, S.M. CIVIL CASES.

Wm. Grant v. Jas. P. Wardle, claim L 3 Up. Judgment) by default) for amounb olairaod wibh 5s oosbs. David Dunn v. Redmond Condon, claim L 7 17s 9d. Judgment by defaulb for amount) claimed wibh 3s costs. Benjamin Monk v, H. B. Crawford, claim L 3 Gb 8f). This case bad boon previously beard, and bis Worship now gave judgment for bho amount claimed with L 2 17s 6d cosbi. John Taylor v. J. J. Konnedy, claim LI 1G J . Judgment by dofaulb with 595 9 costs. Colooial Bank of New Zealand Y. Thos. Williams claim L172H8 Bd. Mr Leo (Hislop and Greagb) for the Bank and Mr Harvoy for defendant. Mr Lee opened hio case and put in an affidavit by J. D. Grant), accountant ab the Colonial Bank, in proof that bho items bakon from tho bank books wero corrccb. C. E. Thomson, manager of tho Colonial Bank at Oamaru, gave evidence and produced a certificate signed by Williams and Munro, brewers, bhab their dobit balance as ib appeared in tho Bank books was correot ab tho 31st of August, 1892. Williams and Munro operated on tho account up to December 1892. Several cheques wove given after bhe 31st of Auguab, and interest) was charged on bhe account ab tho ordinary ratos. He had had conversations wibh Williams and Munro about tho dissolution of parbnorfh'p. Munro was bo carry on the businoos under bhe stylo of James Munro and Company. Munro and Company's account was not debited with Williams and Munroe account, because he had not authority to do so. Had tho account been transferred from Williams and Munro bo Munro and Company, Munro would have had to give a cheque for the amount of tho account bub this waa nob done. Williams said Munro would pay the account, but he bad not done so. Witness had refused to allow a cheque to pass transferring the account from Williams and Munro to Munro and Company. To Mr Harvey : ne was bold that Mudto and Company would pay all iabilitios of tho old firm. Munro and Company hold a leaeo of tho broworj preraiees from the Bank. Williams And Munro had jointly guaranteed f hobelkeeper'a account, and ho said h< would accept Wno. Bee's guarante< mete dof the firm's. Tho lease of thi browory premises, the ovordrafb, anc the hobolkoopor's guarantoe were bhroi things bhab were disouesed by th< parbners and himself. Ho agreed t< release Mr Williams from tho lease o bhe brewery promißOP, but ho denie( having released Mr Williams fron lability in respecb to his overdraft Ho had applied to Mr Williams about six months ago through the Bank n Wanganui. Ho adraibbod that th step was takon at tho time William book action to recover a debt fron Munro, and he told Mr Williams' soli citor bhab if Williams pressed Munn inbo bankruptcy tho Bank would hay to press Williama tor his overdraft Williams and Munros accounb waf returned to tho head office periodically as ebill owing. He kept Williams account open to have recourso in oasi of emergency. Ho never mielei Williams ovor the mabber in any way Ho might have told Williarnu tha Munro would bo liable, but ho refusec to accede bo Williams' requesb that i cheque should bo passed ab that timi transferring tho account. His inben< tion was to have dono so when then was money available for tho purpose but not obhorwise. Ho would swoa thab Williams and Munros accoun had never boon bransferred to anotbe accounb, and ho had lob bhe account Hi in abeyance till somo months ago. To Mr Loo : Tho reason why ho die not nussh Williams was beoause hi thought Munro mighb be able to paj off the accounb.. To Mr Hnrvoy : None of tho foui accounts, Williams and M mro, Thos. Williams, Munro and Company, anc James Munro had boen debited wibl Williams and Munros acoount. James Munro said when the firn dissolved partnership there was n< arrangement made about the old ao count, bub ho was bo have bho sam< overdraft as the old firm. It vrm agreed by him with Williams thab he was to p.y all debts, but no arrange' raenb was mado with the Bank as te this. Ho never drew a cheque for tho old ovordrafr. Tho words whicli Mr Williams says were usod in the bmk parlor while he (witness) was present he had no recollection of, and in facb were never used. To Mr Harvey : He had boon sued by Mr Williams and filed, Ho was nob aware that tho Bank was carrying on the brewery. The Asignoc was carrying on thobusiness. Williams was bo bo released from the lease of the brewery, bub tho ovordrafb was not transferred. Mr Thomson had asked him to pay up tho ovordrafb of Williams and Munro after tho dissolution. Tho evidence of Thomas Williams was taken at Wanganui, and was to the effect that he had sold his interest in the business to Munro and Co., for L3OO, L2OO of which wore in promise sory notes. He had had a conversation with Mr Thomson, manager of the bank, who said tho accounb of Williams and Munro would be bransforred to Munro and Co. Ho had never had any notice from tho Bank with reference to the overdrafb of the firm of Williams and Munro till bho prosont proceedings wore takon — thab was December 1892. He was cerbain tho Manager had said tho account would be transferred, but there was no written agrooment to bhab effect. Ib was only a verbal agreomonb. Mr Harvey applied for an adjournment owing to plaintiff putting in an amended claim ab bho last moment An adjournment was granted to the 20th insfc., with 26a costs against plaintiff. ©amaru Borough Council v, James Munro, claim L8 18s 9d. Mr Lee (Hislop and Creagh) appoarod-for tho plaintiff, and Mr 801 l wibh Mr Crawford foe tbo defendant), Mr 801 l Mtari ton 93 $te&imb fJM m