Aramoho Meat Freezing Works.

Wanganui Chronicle, Volume XXXXVII, Issue 11736, 13 September 1902, Page 5

Aramoho Meat Freezing Works.

THE COURT CASE. CONCLUSION OF PLAINTIFF'S CASE. Per Press Association. WELLINGTON, September 12 When the Court resumed this morning James P. Watt, solicitor, of Waiiganui, gave evideme as to the drawing and executing of plaintiff's securities to Reid smd various other legal, transaction*. With regard to the previous statements of witnesses about securities, his Honor and Mr Bell both stated that no one mado the smallest reflection on Mr Watt as to the drawing v.p of securities or any other matter.

Witness added that Reid signed the guarantee without witness's knowledge and against his advice. Witness was also solicitor for plaintiff, and as attorney for plaintiff in the plaintiff's absence witness did not wish that Stevenson should see the letter from plaintiff containing Nelson Bros/ proposals and shown to witness by plaintiff's son in August, when witness first heard of the deed of assignment vesting plaintiff's estate in Johnson as trustee.with power to dispose on the expiry of three months. It was Stevenson who mentioned the deed, which was already then in print. Stevenson s^aid three months would be sufficient to bring off what plaintiff was negotiating for, and that the defendant company could not possibly go on financing the jjiliaintiff any further unless he assigned. When Avitness went through the deed with the plaintiff, the latter, who was very ill at this time, requested several alterations, which Stevenson agreed to. After the assignment and before the expiry of the three months' restriction on the trustee's power of sale, Stevenson appeared to be anxious that the arrangement plaintiff was negotiating for should be carried out. Witness understood the difficulty was that £5000 more capital was required and Nellsons and Tysers would not advance it. Stevenson said the defendant company might advance the money, but he would first have to get authority from the Home office. Witness telephoned to Stevenson subsequently over the'matter, but failed to communicate with him, and failed to see Stevenson at all, though witness waited at his office for two hours. Witness did not see the defendant Stevenson till the, time of restriction ran out. Subsequently witness told Stevenson that if the defendant company had not executed the deed the plaintiff was thinking of revoking it. Stevenson said he would have the deed executed at once. Mr Belli: Knowing that the defendant company was financing the plaintiff in August, why did you desire to withhold from . the defendant company's (Stevenson) the' letter containing plaintiff's proposals? Witness replied that from something he had read he knew the plaintiff did not desire to communicate' the letter. Witness was not then aAvare of the extent of plaintiff's indebtedness. John Reid, farmer, of Wanganui, and son i of Wm. Reid (plaintiff's creditor and guarantor for £2300), gave evidence eon%oborative of a portion of his father's; evidence.

William Mitchell, plaintiff's son, gave evidence of the different negotiations leading up to Johnson's appointment as stated in the evidence of his father. After Johnson took office witness was somewhat dubious about his position, but the new manager became very friendly towards him and invariably took his part in any disputes wi-h his father, who was getting bad^health at the time. There was considerable friction between Johnson and witness's father. Witness was to confine* himself to butchering and selling to traders along the coast after Johnson's appointment. ' Both Stevenson and Johnson favoured the project of plaintiff going home, am it was considered likely to lessen the disagreeableness that prevailed. Witness was present at some interviews when his father returned, and Stevenson was particularly anxious to get the deed of assignment signed. They wished to have it kepU back until Nelson's arrival, but Stevenson tfaid that everything would go on and that every assistance would be given to the carrying out of negotiations with the Nelsons. At the time Stevenson Avas acquainted with the fact that Nelson would be there at the end of September and that Captain Todd's arrival was not expected until later on; also that plaintiff could do nothing until the Captain's arrival in October. At that time his father was in bad health, and signed the deed of assignment under pi*essure, as it was represented that otherwise j he would be made bankrupt. Witness still had .confidence in Johnson and Stevenson, and had no kuowfedge of their having acquired Reid's mortgages until 4th January. It was not true that witness's family were living at the rate of £1700 a year while his father was away. During the period between July. 1900, and September, 1901, tho household expenses, amounted to £368. Cross-examined by Mr Bell, witness said the cost of stock during the season his father was away was more thani they could realise in London, and disaster was common to all freezing Avorks. Mr Jellicoe handed in a statement obtained from the other side, showing the estimated profit on the trading of the Aramoho Works betAveen April and August of this year as amounting to between £2500 and £3000. He also submitted answers to interrogatories which gave £814 as- the amount of debts paid from ordinary receipts in the course of-carrying on the business. He also asked to amend paragraph 17, subsection 2. of the statement of claim by adding that defendants jointly and severally committed the acts of fraud and deceit hereinbefore complained of in breach of duty each of the defendants oAvecl to plaintiff. Mr Bell raised no objection, and his Honor aililoAred the amendment. Mr Jellicoe intimated that this, closed the plaintiff's case. Mr Bell said he had a motion to bring forward in opening the defence. The Court adjourned until Monday.