LAW AND POLICE.

New Zealand Herald, Volume XVIII, Issue 6065, 26 April 1881, Page 6

LAW AND POLICE.

SUPREME COURT.—Civil Sittixcs. Monday, April, 25.

[Before Mr. Justice Richmond and a Special Jury.] The Civil Sittings of the Quarterly Circuit for the trial of special jury causes were commenced this morning.

; National Bank of Ne« Zealand v. Bedell and Field.—Mr. E. Hesketh and -Mr. S. Hesketh for the plaintiffs ; Mr. J. C. MacCormick for the defendants. The following were cmpannelled a special jury to try the cause :—John Chambers (foreman), Benjamin Gilmer, T. Bollard, John Gittos, T. H. Hall, John Edson, S. It. Cox, It. G. Wynyard, G. M. Robectshaw, F. Ireland, '• Joseph Bennett, and Shirley Hill. This was [an" action to recover moneys advanced to the defendants during their co-partnership ; also moneys paid by the bank on defendants' i behalf ; also, moneys payable to the bank on account of guarantee for the liabilities of a third party, William John Suitor, whose business and business premises the defend- '■ ants took over to recover other moneys; also, for interest. The declaration consisted of three counts. The first set out that de- '■ fendants were indebted to the bank upon an open account, and for moneys payable to the bank by them to the extent of £225S 5a 2d, ; and for interest on that sum from the 7th of August to the date of payment. The second count alleged an agreement on the ISth of September, 1579, entered into between the plaintiffs and defendants, by which the plaintiffs agreed to hand over the brewery and premises, in the estate of William John Suitor, to the defendants, upon condition : that they discharged the liabilities of the said Suitor, who had made an arrangement with his creditors, under which the defendants undertook to pay 7s 6d in the pound to unsecured creditors, and 20s in the pound to ! secured creditors. In pursuance of this agreement plaintiffs made advances, and under this : count in the declaration the bank claimed £800. The third count set out that on the 23rd February the defendants granted a mort--1 gage over the said premises to the bank, and under this count a sum of £2130 was claimed. 1 The liabilities of Suitor were incurred to ' various parties, among others to the Bank of New South Wales, to A. Heather, to F. Bell and Co,, to Brown, Barrett, and Co., Kummer and Co.; and others. These sums the plaintiff bank duly discharged. The defendants pleaded that they were not indebted to the bank on the account stated ; that the bank l-efused to advance any more money after the 24th of Jauuary, andthe partnership of Bedell and Field commenced on the ISth of November; that the partnership was dissolved on tue 25th of May. They denied their liability under the partnership between the 18th of November and the 24th of January. The plaintiffs claimed for moneys due in the open account up to the 7th of August, and for certain payments made to Field upon the presumption that the. payments were made to the firm of Bedell and Field. Field, however, did not appear in the present action, and the plaintiffs said they did not know where he was, and had instituted no inquiry. Jt was Field who made all the negotiations, with the bank up to a certain time when the plaintiffs brought under the notice of the defendants the consequence to him of the manner in which the account with the bank was operated on. Suitor's liabilities to the bank at the time Bedell and Field took his estate over, was £2600, of which £1071 was upon open account. The bank had paid £2210 by way of interest to the first mortgagee, they being the second mortgagee. It was necessary for the bank to pay that interest to protect themselves. It was stated during the proceedings that the defendant Field had absconded.—David Hean, manager of the National Bank, in Auckland, deposed to the facts set out in the declaration. The examination related almost wholly to the dates and amounts represented by the transactions of Field with the bank. Field appeared to be the man of business. Bedell appeared to be principally engaged in the brewery. The witness deposed seriatim to the amounts claimed by the bank directly from the defendants, - and to the liabilities of Suitor discharged by the bank in pursuance of the agreement with' Bedell and Field.— Messrs. Kummer, Kirkwood, and John Mowbray jwere examined, and deposed to theindebtedness of Suitor to them ; also to liabilities which the defendants had incurred by the arrangement for taking over Suitor's estate. The case had not concluded when the Court rase at 5 o'clock. It will be resumed at 10 o'clock Wednesday morning. '■■