AN ALLEGED LOAN.

Gisborne Times, Volume XXVII, Issue 2687, 17 December 1909, Page 3

AN ALLEGED LOAN.

£IOO INVOLVED

'Wiii. Tlios. Rogers, sheepfarmer,, Wainiata (Mr. 'Sainsbury) claimed £IOO from Vivian Bolton (Mr. Bnrnard), at the Magistrate’s Court yesterday morning.. before Mr. \V. A'. Barton, S.M. The plaintiff gave evidence that he lent the defendant £IOO in August, 1004, to purchase sheep. There was no receipt given, and no interest was to be charged. About three months later defendant said he would see plaintiff got his money. « Defendant had the sheep shorn, but gave no money to plaintiff, who had asked for the money about twenty times. To Mr. Barnard: Plaintiff had never arkod defendant to buy or sell any sheep or -cattle for him. He had asked him once to drive some horses to Napier,' for sale. He had nfevor bought any sheep from defendant. The defendant, Vivian Bolton, deposed that, near the Matawhero sale yard, the plaintiff had told him to look out for ewes and lambs, as he (plaintiff) had been advised to buy. During the afternoon witness bought 1.40 sheep, and told plaintiff during the evening. Next day plaintiff saw the sheen and said he would take .them, and instructed the drover, Mills, to deliver the sheep at Wainiata. Next day plaintiff said lie had arranged with the manager of Williams and Kettle to pay the money to defendant’s credit. No claim had been, made by plaintiff for the £IOO.

To Mr. Sainsbury: Defendant had been ipressed by Common, Shelton and Co., in 1905, and some of his sheep were sold. He had had dealings with other firms after that date. He had bought sheep at the sales at different times,’ hut never kept th«- sheep long. David Mills, laborer, gave evidence as to plaintiff instructing him to crutch the sheep. Afterwards he -delivered them at Wainiata and received payment from the plaintiff. Carlyle Bonny, farmer, Makauri, said that defendant had bought .sheep from him. He knew they were bough! for speculative purposes. He s aw both plaintiff and defendant together, but was paid by defendant. Basil Sharp, farmer, Makauri, also gave evidence that he remembered the defendant buying the sheep. The plaintiff had afterwards advised him that if lie were buying sheep to get ewes from defendant, as he had done, and get a good percentage. The case was then adjourned till this morning.