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Local Court.
(Before Mr W. A. G. Walter, R.M.)
Blencoe v. Boyland. — Claim for £30 10s
10d. Mr A. T. Mills for plaintiff. No
appearance of defendant. Judgment for
amount, with costs.
Same v. Bantow. — Claim for £61 6s 1d.
No appearance of defendant. Judgment
for amount claimed, with costs.
Same v. J. Pascoe — Claim for £4 5s 11d.
No appearance of defendant. Judgment
for amount claimed.
Stephen Smith v. C. Jordan. — Claim for
£4 9s 10d. No appearance of defendant.
Judgment for amount and costs.
W. H. James v. H. Platts.—Claim for £5
10s 10d. Mr Mills for plaintiff, who de-
posed that defendant was employed in the
railway at Bunbury at 8s per day. Defen-
dant sent a telegram, offering £1 per
month. Order made for £1 per month,
with costs, or 14 days-
S. Smith v. Carlyon and Carlyon.—
Claim for £76 5s 10d. Mr. du Boulay
for plaintiff. No appearance of de-
fendants. Judgment entered for am-
ount of claim.
BREACH OF AGREEMENT.
S. Burges v. T. Morrissey. — This was a
claim for the sum £11 7s 10d for costs aris-
ing out of a breach of agreement alleged
to have been made between the parties.
Mr H. Wilson appeared for plaintiff and Mr
Mills for defendant.
Mr Wilson opened the case at consider-
able length, showing that the defendant
was indebted to the plaintiff for certain
dishonored promissory notes for a large
amount, besides other bills coming due.
It was ultimately arranged that defendant
should give security over 2,400 sheep and
other stock, and his c.p. lease of land. A
bill of sale and mortgage were prepared
and sent to defendant's solicitor for appro-
val. Several interviews ensued in respect
to clauses in the draft, and finally defen-
dant refused to complete or give security,
and said he intended to sell the stock in
order to pay H. Wills & Co's lien of £300,
as well as an unsecured debt of £400. This
was contrary to the arrangement made for
paying the bills ; defendant evidently in-
tended to clear off Wills aud Co. and re-
pudiate the plaintiff, who wanted the
agreement carried out. Plaintiff claimed
the costs he had incurred in the matter.
S. Burgess deposed that defeudant had
dishonored a lot of bills amounting to over
£1,000 and had made no attempt at a
settlement. Witness told him if he gave
security he would allow him reasonable
time for payment, otherwise would make
him a bankrupt. After much trouble defen-
dant agreed to give security, and a memor-
andum of agreement was made out and
signed. On that witness instructed his
solicitor to prepare the documents, and
made a similar agreement with John Mor-
rissey. All the parties met in Mr Mills'
office, when there was an aimless discus-
sion and finally both Morrisseys refused to
carry out the agreement. Asked them
why they went back on their word of
honor and J. Morrissey said it suited them,
as they intended to pay Wills & Co. Both
brothers owed witness a lot of money.
Cross examined : Had not the dates
when the bills were dishonored. Asked the
Morrisseys several times when they were
going to complete. Mr Mills may have in-
formed witness that the bills would not
be completed until Wills & Co's lien and all
overdue bills were paid. The dishonored
bills were paid, portion by promissory notes,
which witness discounted, and balance by
cash. Under certain circumstances they
were acceptable to witness. Received bills
from Morrissey's hands, and credited him
with the proceeds.
A. L. Abbott, manager for H. Wills & Co. ;
deposed : Had an account against T. H.
Morrissey, which was partly secured.
Security was a lien on sheep to the extent
of £300. The total indebtedness was £700.
Remember the meeting in Mr Mills' office on
14th June Burges asked when the se-
curities would be executed. Mr Mills said
the drafts had not been agreed to, but there
would be no trouble about that. Burges
said he wanted a straight-out reply whether
Morrissey intended to complete the secure-
ties or not. Mr Mills replied that his clients
had decided to sell the sheep to pay Wills
& Co., afterwards Burges. Burges asked
if Morrissey was prepared to give him a
mortgage over the land to meet the bills
then maturing. Mills said he would have
to meet his clients before answering that
question. Shortly afterwards he said his
clieuts were willing to give a mortgage over
the land to meet the bills then maturing.
There was nothing said about the present
debt. Burges said he wanted the original
arrangement with Morrissey carried out.
Witness was cross-examined by Mr Mills.
To Mr. Mills—It was impossible for
Morrissey to give the security if he carried
out the plan suggested by Mr. Mills.
Mr. Wilson then gave evidence.—On the
5th or 6th June plaintiff handed the letter
from Morrissey and served the memoran-
dum. Made out a bill of sale and mortgage.
The parties wished the matter to be com-
pleted as soon as possible. Prepared the
drafts and sent them to Mr. Mills, the
defendant's solicitor. Correspondence was
handed in. The rest of the evidence was
practically the same as that of the previous
witness.
(Case proceeding.)
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