Miller v. Ward.

Gisborne Standard and Cook County Gazette, Volume III, Issue 369, 26 October 1889, Page 3

Miller v. Ward.

At the R M, Court on Thursday morning the case of B, 11. Miller v, E. ff. Ward, claim £33 Is 6d, on a judgment summons, was heard. Mr Watson appeared for plaintiff, and Mr Ward defended himself. On being examined, the defendant deposed:—l have not paid the claim or any part thereof. Have not been in a position to pay it. I have since date of judgment had sufficient money to satisfy this judgment. I have not had £36 since. Since judgment have received large sums of money. Have since date of judgment received £lOO from Mr Lascelles. Keep books of account. Do not think any entry of this sum was made. The money was paid to Mr Harry Lascelles for me, part of it to pay the Bank of Australasia for financing a loan transaction for Mr Lascelles. The loan, of £lOO, was for me subsequent to data of judgment. The amount hod all been hypothecated, These were not previous claims. The whple amount wae paid for the Karamu action. The whole was for expenses in connection with the action. It was all spent for purposes of action. Never received £2OO from Mr W. Douglas. Decidedly not. Was at one time holder oi a bill of sale over property of Mr A, F. Hardy. At the end nf August or September I transferred it to the Bank of New Zealand. Got a consideration of £35 for it, which I now hold subject to an order of the Supreme Court. I claimed this money in Napier last mouth. Did not receive any sum from Mr Douglas. It is an absolute lie that I ever received £260 from Mr Douglas—never received a farthing from him. Never received anything for costs from McDonald's estate on deeds. Expect to receive £l6O. Have told people that I received money in Napier (£133 6s 84) last month or the beginning of this. Lent Mr Brassey £7, and gave some of the money to my father. On October 12, went to Pitt and Maguire to get a cheque for £2O cashed, and also one of £5, by Mr Bees. Had those cheques. The £35 I received from theßank of New Zealand I spent, I can give a cheque on the Bank of Now Zealand for it. Did not make a particular lodgment of it, As a matter of fact have spent the money, Can replace it at any time, under a cover. Have received several large sums. Have not received any fees. I declined to give an order on Sbrimpton and Coleman for the amount of the judgment, I do not consider myself under any obligation to Mr Miller. Mrs Ward has no money of mine in hand. She has not had any money in her hands for some time. Have applied for money for carrying on the action. I cannot tell how much money has been spent on the action. I know I spent £73 for surveyiug. I did not tell Mr Cresswell that I was not a trustee. I also received an amount of £33 6s Bd, which I paid to Mr Creaswell. On being cross-examined, the defendant stated : The £133 6s 8d belonged to me as executor of my brother’s estate. It was not money with which I could have paid away for my own debt. I assigned thia and other securities to . The £2O marked cheque did not belong to me. It belonged to Mr Lincoln Rees. I gave £5 to Mrs Ward,

An order wan made for immediate payment, execution not lo be issued for four months, as defendant swore he would not be in funds treui the abtorbiug Kemmu « O Ui then,