DISTRICT COURT. REEFTON.

Inangahua Times, Volume V, Issue 34, 26 April 1878, Page 2

DISTRICT COURT. REEFTON.

' (Before His Honor Judfjc Weston,) BBOWN V«« TUfl JKANK,O»..NnTOa / PAIk4.NI>» This was an notion to recover tho flum of £173j. being tho cstimotod ojcoohs of valuo of sbsres. nllfgod to, havo been wmngfultyHoid by-the dofendantsv The -partiottlarfl ofrdomind 1 woro an.followa. Brow,n baing tmlobtcd to tho Bank for. ndvanccu-assignod to,thonv22so«haros in the company as collateral security forovordraft, and 'in. tho nssigi»mcnt he gavo tho. Bank written nulh'ority to oclli or iothorwinc dftal with the/shares at tho dis« crotion,of» tlio, manog cry Tho managor having demanded pnym«nt of pluintifHs overdraft without effect, placed tho shares !in tho market and rcalisod upon .thorn, in laccordnnpo. witl^ tho authority gjvon, the prico obtained' for tho shares being •2a Gd. For tho plnintiflfttt waa^now, aliogod that such .sale w«s without authority ;. and further, that' at the time of suoli salo sharpSsCommandod^a m.uoh higher figuro in the> market than that obtained) and 'theproscnt octioft,wa« brought to recovor thodif^rcnce.. Mr Ilfcrkin-s with Mrßoidappearod for tho Bank*, and Mr Guinness with, Mr Moss for- tho-pl'dintifß' , Tho case having boen oponod by Mr Moss in ihe. wiual form». tbo following 'oviflenco was called fdr tho-plftintifFl 1 ! Patrick, Btennjm— l» produce transfers iof certainsliarofliintho Vulcan Company; Itprodttco. transfer dated 28th January jfrom Colin, Campbell to. John M'Gaflln, for sf)o« sharen ; ; Campbell to Gallagher, 250 shares. and ro-transfer' of balance of shares from .Campbell to Brown. On Iho 26r,h January sharos in tho Company were selling at 29 o<l ; Is old 600- shires on that flrtto for Mr Campbell at tho price |namo<l. Thoro woro very few sales batweon the,, 22nd and 24'.h January. On Ihe 24ith .Thnuary sharoH in 1 1 o Company wore sold 'by* 0; Ft'ascr to IT. Thomas at 2s per shflro, On tho 22nd January I* isold BJO Valonn shnrns from M'GJiffitn to '.M'D'Mighlin at 2a. On tho Ist February |Locoh to Vino at 8« 6& por-sharo/ On tiio- 20fh January from Gnllaghor to Ijopcli, 650'Hlinres nt 3« 6'l ; I lnvoevory ronnon to beliovo. tho transactions woro hbna- fid 6 ones. On tho Ist February, 150 from Lceoh to Lodger at 4s 6i, On the 2rul Fc s bmnry, 2*X) (Oiaroa, from Bronnnn to Bowman, at 4i 01. On the 12th February, 250' from Murphy- to Beit, nt ,nt 4p, shares, On 12ih February, JBr/jpJi fo Beit. 50'shnrcfl, at 4n. On the anmc day Brcenan to Beit, 60 share!, at 4i. On tho same day Brccnan to Gibson, 40 shores, at 4s. On Iho 9th Fcbrunry, Thomns to Brown, 400 slmros, nt 3s. On 2nd Fcbrunry, Dnvics to- Bronn, 300 loiiaiesj.at 45.. Tholughos % t''p,rioo reached

by tho shares was 4s 6J. I do not ro - oolloot Bonar offering mo moro than 4s OU for tho fllmrosv. Thoro wono shnroH flloating in tho morkot about Ist Fobrunry, but not m/my.. A roof had boon, fttruclc in tho tamo previously. Shares roso oonsi« dorably>.as before tho 26th January they woro Rolling at Its 6d, and on tho 28th nt 2s Grl,. and still rising.. The roof was struck a few dayivboforo tho 26th January.. Tho stono appoarod' vory poor when, it waa first struck. Tho finding of tho roof had tho effect of raising tho oharcs. I could not say whothor Brown's scrip was brought to my offioo with tho transfer. Tho custom, in rolation to. scrip is that there are somo buyor* whonovor rcquiro semp^and thoro aw> othora who invariably ask lor und obtaiu tho scrip. Brown took his Borip as a rulo, bub I cannot any, whether ho took tho scrip relating to tho particular shares now in dispute Tho dato of tho transfer from, Brown, to tho Bonk of Now Zpaland was January 28nd 187,7. Tho dato of tho registration of transfers from Campboll to M'Gaflin aro 2.Qth January,, and, tho other 13th Fobruwry. Tho transfer to, Gnllagltor, was^ rogistorod on, tho 4th February, 187.8 i ■I Oroas-oxamined—Tho transfer, Camp* boll to. Brown, was registered on tho 4ih February. Brown sold 400.0 f his shares on 23rd February at 2j Qd. Ha has COO. shnros atil'.. Ido .not roooDcat Brown I ovor offering 5s for Vtulcnn,aharoß.. Had ho made mo such, nu offer I would ro« oolloot it.. On tho lflt February I bought 800 ishnros from Davios at 4s Gd.. 2« Gd was lliQ.Uiglicst pneo obtainable for tl q scrip on tho 24j,h February. • Colin Qampboll— X am, agent, of tho Bank, of Now #i)uland at Hcofton.. I iprodupo two momornnda, from. Brown to imysolf,. dated' 31flt August and 22nd January. Brown had an overdraft boforo tho signing of tho document produced. On tho 22nd January, Brawn'o. ovordraf 1 was £164 I puid a call for, Brown of &V2,fa I gnv.oan ftO.U. for. the amount I did notgiva the 1.0.1 J. until tho prosontation of tho transfer- Brown told mo to got tho.Berip..in tho manager's office. On, tho BJißt,Au'Rustiihad the scrip in my ponsossion. I had previously obtainod it from thooffico by Brown's instructions. On the,' &i<?t August I: requested Brown to give,, mo authority to deal with his shares oo as to protect tho Bank, to askad for tho authority in,or<lor to scourotho Bnnk,.but for, no other purpose I* is>tbo usual Bank "practice. I| doat- r- collect whothor ,! Brown was being supd Thy anybody at Iho 'tima» Rcaolleat having a convori atiou with; Brown rolativo to the Bank. Inspoo■tor, and it was on that occasion that I lidomnmled tho authority.. Brovrn novor rJaskcdißWJ to givo him, roasonablo notice .boforo soiling tho shares aud novor pro* ;; ; Itiiißod\twirtiliSt liwoiild..' I do, it Ua.nk ho ask^d mo at any, timo whother a .demand* foiv pnymont, would, bo made upoo, him boforo selling tlio oltarcs.. Before signing tho second transfer to tho Bonk ho did not offer to pay o£Stho Bank jdebtior. l' should have accepted' it.. Jfo ididinot &ay, after signing, tho second ijnulhority, that 1/ should; not soil? his shares.. He dintinctly told mo nov-oral times to soil his shnros. Ho told' mo to sell tho shares, tlatilto- had visited tho minofind that the discovery wns only a bouldf./'j.nml, to use his own word?,'/ No I)— ».good." It was iv tho strcot that ho itoldmothis, and 'after, tho second assign- : menti was given ami- bnforo tho sale, JNonc of the fSO snares were* brought on •our jpir.t account. Neither wero Monioon's or Kaithby's,.. I'produco tho Bank, books showing Brown's neoonnt It is a copy- if tho pass, book. On tho 20th October ■1877,.ther0 is £3]"7« 6'J from Morrison, on the slh December £22 -7s 6/1 from Jtnithby Xdo not know that this is tho proooed s of a purchase from Morrisoiv, 1< oa-nnot recollect whether ho told ma that ho had purchased 250 shares from Morrison. By the Court. I 1 had no joint interest- ' with Btowninitho. sl*arcn» I sw-oar this t imoafc distinctly. . CroHS-oxaminaUon continued— l ! do no 'recollect meeting- Brown, at Gilmors on the 26th May y. I have -met him, ho was 'frequently- about 1 tl*©. BfcreetiK Don't recollect any conversation with him. on tho 25th bntitlio*o was ono on evening of tho 28 th at Oilmora. I' oallod thero on ray Wfly homo and' whilo I' was. thoro Mr Bayfoild'toid mo that ho had sold 500 of the shnroa !Qtold Brown on that occasion, thut I'lvnd sold CO) of his shares. I' Did not toll Brown on Hint occasion that I had not oold any of his shares ; did not promise, not toiscllj. nor did! not promiso to lot him know boforo selling, It wns 'not on .Saturday morning that T Rold tho shares. Did not toll Brown-that tho 500 shared sold by Bay-feild woro thoso jftintly hold by us. Brown nevor told mo on tho Suturdny night, but on Monday- morning ho. would pny up hiifcaooounl, aiul'not to , soil any moro shares, Had ho told mo i that* I" should h'avo ceosod soiling, ns it was i nothing to.mo* When I' told Brow«i that'Titad sold'for 2» fld ho did not socm suprisad and did not toll mo to oonso selling n« ho oould'gct-a bettor priia< fcr. the shares ; : about tho 17th January P nirtfl* a demand' upon Brown for tho amount of bin overdraft. Tho amount '■'thpiif. was. iCl2S'llo 2< t l , Xuippliod'verbally for" tho money ;■! could not- sny whothor. ho had his pns»*bookat tho timo. ho oouldihavo got his pnsß«book whencvor ho-likcdJ Ho may havo applied for his pass-book and T may havo told Mr M'lhtosh fo writo it up ; on the 29th January I\cown. tonderpd mo a, marked

|, cheque for .ClO'l, lO.s 4J, tlus.wns after I ■ihad ronliaed upon tho shares. Oiv tho 4lh Fobruary ho paid mo tho .ifilfluuid I gavo him a, ro«transfor of tho balance of j 1.000 sharos. All tho slmros woro sold on 'Saturday 20th. I don't rocollct meotin^ 'Brown, GulHno and Morrison under I M'Boftth's vqrnnda. Novcr had any con* ! vorsation with Dnvios on tho subjpet. I don't think tho shares wore sold boforo 9; o'clock on the Saturday ovo»ing. Tho first intimation! I hnd of tho snlowas bo« twoen 9- mid Id o'clock. I poßitiyoly wvoar that I did not say to Brown in tho prosonco of Dnvios, that tho GOO' sharos woro hold jointly by Brown and myself; I could not havo said such a tiling it vmould bo q/ijlo impossible,, ns- no such. anraußoment ivcr existed. 80-oxnmintjd— lt wns Brown who enmo to mo on tho Snturday night referred fo. lio saw Bnji^old speaking to mo, and directly nftorwnrds ho onmo- to mo nnd ofikod mo if Bnyll«ld*hnd sold any of my shnrosj' ; l told him that ho hnd sold s<>o. ICo seemed sntißftbd, and said' ns tliero was a.spurt it would bowoll to withdraw tho balnnco from snlo ; I told him that if thoji woro iTotiibld I • wjbul'd,. ftnd wmt immediately toy 1 * «0.. Twont to Bronnan Gcorgo W^!lriW^fown--I nm plait •• fc!ff in th faction, nnd rocognisomy signa" turo on tho douumont producod. I signed it nfcUiO'Samo timo as tho tranafor.. Tho iserip at tho timo was lying in tho legal manager's cfllOo. After I' signed tho nutluivty on tho 31st August, hod n, conversation with Mr Cnmpboll after the. signing of tho nuthority, nnd Imnsfer. on. tho 31sfc August. Uti told, mo- that tho authority was. to secure thoßank for thornapootor wnn coming- up and< ho had nothing to. show for tho- monoyJio had' ;adrnnoodi Mor signing 1) told him tho scrip wns not to bo sold na. if. tho Bank •waniod'.tho monoy nt nny. timo I' could pi\y it. I-Bubseq.|iont,ly bought 7b'Q addi« tionnbsharcs, via:— soo-ifrom Unithby and SJSOifrom Morriuon. Tlio first 2SO from Mr Unitltby. I'bonghtithom on account' between mo and Mr Cnmpboll nt 2.1 G.I. I gnvo- him on Hint ovoning in front of Onmpbell'a hotel £20ciish, l£i) told" mo to writo a olipquo for £97 10d tho vnluc of the scrip. I told him ltnithby wanted to sull 250 sbnros nt 2n o*l, and' thut they woro ohonp, Ho told mo to buy them and ho woul&.go hnlvos, This was long boloro giving Mr GnmpbelMho authoiity. Tho rcanoa, Ii gnvo Mr Cnmpbell tho nuthority wns llmt, T. Smith., atorebeepor Black's loint v .;M sued mo for £20. I wns waiting for tbo ohso to como on when Mr Ga.mpb.oll cnllrd mo and nsked mo to no to hia. OiS't'o* I went down nnd saw my acrip on the .table, Ho wrolo n n lejio'rt'nd signed it. 110 nlso gnvo 'me ,n prujtod form tfr nigrt toiii.ch I; did,, nnd ho than said liivwouM lift ftellilio nbnros, ■h«-.lf«dl ,tr,Ußle<^*)o «jhd>. I'-oouli surely truHt, him; h snid' to him, " mind nnd don't soil tho/slf'i.res; if tho Bnnk wni.ts its money I will pay it now if von liko." He said ho would give mo plenty o< time and; said if I wnntod to coll th m. f hnd better lot him- 'know tho price. Tliero •«ns no one present nt tho time. J asked .him if ho would nllmv mo a cheque for fife nnd ho did. On Fridny evening I wns ,'told thnt licwns. negotiating to roII idv jsorip. I wenfynt oneo- down to Gilmor'rf -innrl found Cnmpboll nnd ]>ftvics togotlier Bnvfiold was not, there. 1 wns a litflo ftxeited and T asked him if it was true "tltnt ho wns scllmg my shnres. Ho snid W hnd not rol<l nny, tlinf, he hnd promised that ho wouUl not, n.id would nit isell thorn unlrs* I told him to do so. At 'this time what wns supposed to bo n root 1 wns found in tho mine. Dnvies wns nlmikN ing quilenear onough to hear what wns snid. I' wns then a<ny in my mind is I believed him On the following dny I' wns wnlkingup the hlspool. wii.h Mr Montcilh tho mu-nnger of tho JNational Bnnk, nnd Bob Tnploy. Duvion. came up, and naked mo if T hnd hoard thnt M'Gndln hnd bought 1000 of my slmros. We nil then wnlkod up towards tlio B>»nk, nnd wo nil throo mot Mr Campbell under M B<a. 'svovnndn. I then stopped off tho lootpnth to ATr Crtmplwlb who wns on tha rond. Monfoith walked- on and D.ivies stood boliind a P^t. I nsked Onmplioll if ifw'ißtruefhnt ho had sold mv ' shares nnd ho sni.l ho hnd'' only sold 500 lor 2^ 6'd T fold him thnt ho hnd n good chock to 'sell' my shnres without my authority, ■and warned him. to noil no moro ns shnres Vere going up, «a<\ thnt on. Mondny P ■would nay him what T owod. Ho saidho wonld'not sell any moro, Hnd no com. rfirsntion wilhOnmnbollon that dny pro« viousto tho one j««8t rolntod. It wns dark, nffor-ton, betweon o;nnd 10-o'olonk when tho oonvorsation took place under itho voranrln. Up to^tho 22nd I received no notice oPdomnnd for pny ment.nor any notice of intont ion to sell. On Monday I wont nnd consulted a solicitor. Ithcn we,it up to tho.Bftr,k and Rot my pass-book. onmpb"ll thon told m<>' thnt ho had sold 1250 sharcfl.' T «sked him who authorised him to soil; nnd ho showed mo tho nuthority produced, I subsequently went with Mr Moss nnd tendered a- mnrked ehrquo for £lrt4'boing tho amount I owed Iho Bnnk. I then demandod' my sorip back and ho Paid ho hnd sold them. Ho snid ho did not want my monoyns ho hnd sold tho scrip. He snid ho would not trnnsfor bho bnlnnoo to mo, until tho following dny. I hnvo hold tho shares for frtur yonrs. Hnd the hhnros been given-. to me! by the end of January I could haro sold ' them for 5s Od. The offer was from Hbnry. Hhnkin, but I made up my mind noHo soil. 1 At tho ond of January thoro woro no shares in tho markot but mino. Campbell did not ask mo n word about •the mil duo on the 22nd Jnnnary.. Did notm«ot eithor Cnmpboll or Bay field in, Gilmers on thn Friday. Cross-oxnmihod— T- hnd' yevy grent faith in tho mino and' havo still. I ! did 'toll Btennnn Hint tho snpposod roof w«s ionly n boulder and no good. I 1 do not recollect tolling Mr Cnplos thnt tho- reef wns no good. I novor (old him nnvthing about tho reof. Novor spoke nbnut tho stone to him. I wns in Gilmers' Hotol on 20th January. I slrop thee, but I owoiir pofiilivcly tlmtiLwuß-not tftlkinfj,.lo.

Mr Campbell I boro on Hint ovoniiic I wns in tho Hunk twioo on Mondny morning It wns botwcon the ciuV of Jiinunrv nnd fcho boßiniiincc of February Mint, Hnhkiu mndo mo tho ofibr, novor told IFankin to ranko mo tho offer. I would not Imvo sold to ITankin. nfc tho price. Tho oflfor wnsmado-on a- Saturday;, thoro wns o Court on at tho time;: I cannot soy what Court or w-lmt oaso wns om Louis Dnvios—l arnn brokor residing in Roofton. I was a shareholder in tho Vulcan Company- .1 nm-nwaro that Brown was r shareholder in tho Company, I rocolleot tlio ovoning of Fridhy 28lh January. It wns after darfc and boforo 1.0 o'clock nfc night ;Tb was between 7 ond' 9'o'olock. I was in tho bar of Gilmors' Hotel with Mr* Campbell ;• whilo thoro Br*iwn onmo in and touched him on tho shouinVr and thoy went to one sidb. They had' a conversation about Viilonn shares., Brown snid " I hoar you hnve been soiling somo of my shares. " Cnmpboll sni.l "•did nt I riromiso not to soil' them, and that hodid'nfcih'end t0.." Brown said it, wns nil right ; that is all that took plnco. T could not sny whether ltoyfield was present nfc the timo ho might hnvo been, On Sn'urdav night T wont down t,ho street after 9 o'clock to flhd Brown ; I met him nnd Montcilh noar Duwsons' Hnll. l'hnd' hoard that a largo parcel of Vulcan* had changed hands nt 2s 6il, and afc onoooame to tho conclusion thoy woro Mrown'fl. I Wt Bron>n and tho'throo of u» walked up tho street-; nnd when nonr M'Renth's wo mot Cnmpboll. Brown crossed' to Cnmpboll nnd I* wont abend for a yard or two nnd stood on tho footpath I' did not hoar Brown mnko n remark tojOampboll, but heard tho<lnttor sny that ho had only sold 600,, nnd thought ho hnd done Brown n pood turn. Brown enquired tlio price nnd was- told 2s 6J. Brown then snid that ho could hnvo cot more for them, ami told him not to Roll nny more of (ho sharo^ as- bo d-uld sell thorn himself. Campbell s<iid ho w uld not sell any moro, but if Brown wanted to sell ho wns to let Campbell know;. did not hour Cimpholl sny ho would go to (ho share broker's and withdraw tho shares ; There worn tin sollors nbout-at this- time. 5m wns the highest price- offered to mo lor tho isharotf, < Cro.'fl.oxnmined—l: hold no shares- m partnership with Brown, nor ever did; my rensmi for going to Brown ■ on.> tho- Bntur» dny evening wns that I hnd known him lor n long I inland wns friendly with him nnd nt onco when Ihonrd'tho-slinrosl<nd bo'ii sold for 2s Od ; I at once concludod thoy woro Brown's shares ;,Brown nt ono timo fold mo that they would go to 10s, mid he nftcrwnrds told mo that the find wos no good. Brown- does not hold nny shares for mo ;-Miold no. shares either directly or indirectly in. plnintifffs shnres. Wh»>n ■wo met Mr Campbell, Mr Mimtotoh did not' wnft to ovorhvar the conversation between him and Brown but walked on. Kichnrl Reeves— l nm an Auelioneer and Shnrobrokor ; there wore Vulenn ; sorip in 'llemirket about 2$M» .Innunn" I ! paid 4*6 M 'or them ; I couM not lav Bhnres for s*. I scut a telegram lo Dimes offering ss. * This etrtsed tbo.cnsn.forcho plaintiff*.' Ml' Guinness then proceeded '(o open the case Tor tho (lefcnoe, when the fol-. 'lowing evidence wns willed.. -I 1 A. D.'Bnyfield— l* nm shnrorir«kerrej| Riding in Nool'ton, on the '28c.1i F«>brnnry T received nti order from Mr C^mpbolf » j srll 1000 Yiilonn slinroa ; I was to let him. know tho-liighoNt price obfninnbl" for tho shares. The best' offer- T could get wns 2*; T'lh'en received instructionsto sell' 1000 slnres nt 2s 6d. On my second visit to tlvo Bank I onv* Bronn-. there.' Ah I ennie out of Mr Campbell's room lio wont in; -this would bc-hotwoen '/"niul 8 o'clock in the evening- of 'the day nnmed. Isold 800 of the stmre9.to John M'GaflTn for 2* fid on tho samo night. I' Rhorl.lv snw CnmpbnU" nt 'Jilracr's nun 1 informed him of tho snte ;- this would'bo about Do'olock. ,T' ennnot snv whether Brown wns in tlio bar nt the time. I th'eiv left to dtsposo of th'o balance of tho shnroo, and afterwards I Rold a furl Ivor lot of 1 250 to Gftlla«har. Later m I mot Mr Campbell'! opposite Maßlers's and he withdrew th« balnnce from snle ; Ttold him T hnd" sold 250, so ho withdrew Ih'o bnlnnee, As far ns T know 2s fld was- the h'!«heflt prioo obtain* able for tho shares on tlrat night ;■ Camphell's first invtruolionsto mo wherotogflt tho bast offer I'coul/J, as he wns nnxions to cer ns much ns ho could for them* On tho Mhndny following, they woro sellingat 3s nnd on tho Slit, at 3^ Od ami 4«. Cro«R.esnminod -It was bntwoen 7 nnd 8 o'clock when I spoVo to Mr Campbell I found him in tho Bonk ; Hh said ho would not nceopi 2^ for tho shares. M'GnflT'i Rpoko to me nbonfc tho shares • Campbell did not tell mo to go to M'CFliflln or thit ho (M/Gaul'i) was a buyer. I offered the shnro 1 * to Gnllaghor, I' could rot Ret, n ivy shares for 2s 6's until I' cot tho«o fom Campbell. Somo days provious it had been reported that n roof Ifad boon struck in tho mino. The instruotionts to my selling and tho withdrawal wn9 all dono under an hour and a half, By tho Court— lthink Gallagher bought' chiefly upon my ndvioo. I' onnnot say whethor M'Gnffirt spoko to mo, or I to him:- Tho markofc was very Hvoly thfat niffht. John M'Gnfllh— lam an hotolkooper in Jloofton. On tho 20th January I'purchnsod 1000'8haro8 from Mr Bfonnnn in tho Vulonn Company. Daring tho Saturday* there was eonsidernblo excitement, and I oallod'on Mr M'lloan and he nd-< vised' me ngainsb buying,. 1' thon saw Mi- M'Maftors, manager- of tho Koop"»it* Dft'k Company, and from what ho told me I'went to Bfennnn and'bouoh't 500' flh'nros. I'did'lhis entirely on M'Mastor's advico. Mr Cumpboll did not adviso mo to buy, On tho oontrnry, on tho morning of tho 26th he advised mo not to buy. M' Masters- told 'mo. if, I oouldi buy some

moro to do so. A litllo lulor t sttw Mr Bayf.'ild nml ho ofTorod mo G()0' <it 2s (51. I would not tit first buy, but lutor in th.> night I did buy them. I fad almost dntly oonvorMtionß with Brown nhout tho mino nnd ho ndvisod mo to soil nt l'o 0:1. Ho snid B would p;ot almros ohonpor yofc. Oa the morninK of tho 2Gth mot Brown in Broadway nnd hud n long conversation* with him. I told him how his ndvico hod 1 misled ni". nnd ho snid ho wns quilotight. If he hod hcon in tho mino ho would not report tho matter n<? nil, ns it was only a blow of stone. I soidh't wa* strnngo ho should ndmeme-to soil and. yet not sell himself, «nd ho snid something about his shnres being held by some* body else. Oross-cxnmincd— Brown did sny thnt ho had no conflilonco in th" work ing of thomino ns they were driving in n wrong direction. I sold 500on-the 18th Jlmunry at la 6(1. B>own told mo that if ho had his shares nt his own oommnnd ho would solla\ttho current price. I bought tho snmo shnroslnst S:Unrdfty for 91 Patrick Brennnn— l am a shnrebroker in Heofton, nnd reoollcrt 2fith ./nnnnry lnst, A ffiw daya- boforo-thnt I 1 recoirod' cortnin. in^truolions from Mr Campbell rrlntivo to the snlbof Vulcan shnr^:*. Uo told mo to infnrtn liin> if I got nny nflVrs j for then; T got no offlirs until the vSnturday following when M'Onfllh inquired for the sharos : Campbell said ho would not sell for less than 2s 0), nnd thnt was in ndvnnoo of the marmot price nt tho time. c 11 fiOO to M'Gnffin nt 2.-1 0d ; saw Mr , Cft .pbell during that evening;' ho onm* to tbo ofllro. ITo asked mo if I had sold I nny shnros. nnd T told him I' hnd. Ho ! lmd given me 1000 shnros to sell; nnd he told me not lo noil tho balnnco ; he snid tho shnres nt one time belonged to Brown, nnd ho would liko to sec Brow-n eel tine tho most for them ;• ho snid Hnyfeild hnd sold COO' shnres nnd he would 1 withdraw tho bnlanee. About tO'o'clftelf nuninsnw Campbell nnd naked him to let me lmve the shnres at 2» rt 1, but ho would not ( tho highest offered mo thnt night wns 2* 3-.1. Afterl sold tho the 600 a« 2* 0I ; t eonld'not get nny moro nt the snmo figure. Tho rse in shares wns through a ronorted discovery- in Hie mine. Thrown spoke very dlspirnginglV of 'thodixeovery. He snid he nl-Vflrs frnew that st^Mowns ither^ nnd'Hi'nt it wn« no "orvd! T know .that Campbell wns nelih« far Brown. Hi>< foM'me so. Colin Cnmp'^M— T'nm the ngent of llio B-mk of Ve-v Zei'and nt "Rheftort ; know Brown the nlnintiff." H> lins Wen n en«"« tomer of lh<» bnnks for some roars ;-ro« collect meefing Tlrnwn neir thY Bir>V on the 17th .ThnmrrrTcuHed '<mr into the Rink nnd 'told him" it would TVe ne•eossiirv to nny up )m Arerdrnff, ns rfU'ek Ino n^T-itblp. Ahi'it 2T*d .T-muirr n"tiin V,»nr-lh"o S.'JM .Pmnfirv T told jln'm tlin*- T' wns in'ormed flnt he* wns i.nhotif to be Riimpioned. nnl thon^oVr it" 'wns neeesonrr Hiu' T sniviM get the 't' i nits' 1 ci i s re-uf^pp'd in o"der fn prerent , the ibnreq h'eing veiz'd by thr b'.ilifT; he said he wns no« going t? bo summoned, nnd T snid if thnt wn* the en«e I wns not in n hurry for fvrn or three days. On the following d\y T met him in tho atreot when ho showed mo a summons from Smith, nnd offered to transfer the bnlnnee ;,of the shnres: T prodneo the trnnsfers ih «qMestion signed by him ;he told mo to nlneo tho shnres in llfo mnrket nnd «ell them ;-he siid so long ns he got £10*> nvnr tbo Bnnk'a nionoy ho vrould he snfinfied. I therefore t>]fteed 1000 shnres ench in- Brennnn nnd Bftyfoild'a hnndn. nnd told them the shnres wero Brown's nnd' flint I wftß anxious to do my bp-«t with them' On tho "nmo evening B^vfeild enme and off' red 2^. T said T would like, to see Brown before filing nnv price. I' iwont on! nnd'snw B^wn outside tho ■bnnk, nnd nshed him to ftk a price for tho shnres nnl lfo fixed 2-i fid. I 1 then wont sndtoldßfcnnnn^.l loHßtyfetld tho RRnic By the Court — T don't reeolloct seoin-g plnintifFnt Gllmers' nfter Bi\yfeild had 1 nnnounood his snle. . Hhvo no reeolleetion of a meeting undoc the vornndaht Tt is n very unlflcolv thing that l'wonld'sponk to Brown in the nfcsonco of Dnvies. I r would not trust Ivim with nny eonvorsa« tiott- between myself' nnd : ft cuatonMr- of the B'lnk. Inntnot friendly with him. I'linvo not llio slightest recollection of meeting Brown ntOUmers* Hotel. T'nm posiliro thnt I wns not, censured by Brown on- tho evening of 2rtth Tnnunry. Ih fact ho wnntod mo to sell tho shnres. Whon I" toM Brown that the 1230'shnrcg^ woro sold ho did sny that I> hnd no right to. sell them. T wns nnxious lo got him the best po3Bible prico. On tho 31st .Tanunry wrote a lottor to B>own informing him of thosalo of tho 1250 shares. Croßs.oxaminod i -T"produooroply reooiyod' from Mr Brown. After instruoting Bnyfoild tO'got an offi'V for tho shams ho oalled'hnck and said ho oould not obtain moro than 2». . Aftor that I' wont out nndlnot Brown outside tho Bank. I told him what Bayfcild had ofTorod, nnd ho siid ho would soil nt tha f . prioo. I said it was nocossary that a prioo should bo fitod. T havo- no reoollootiOn of mooting plaintiff on tho previous ovoning/ From my. heart 1' say that no con* vorention took 1 , plnco botwoon myself and Brown at Gilmors' Hotol on tho •nigh'i roforrod to-.by Dnvios „iti» not possible • that suoh a oonyoraation oould h/ivo takon plaoo booauio my iuetraotions throughout woro to «oU; Havo no rocollcotion of msoting- Montoith, Davios, and Brown togother, Thoy m<»y havo boon walking togothor. Havo no rocolleotion of Biowu snyiug.that ho oould gpt.a buttei'.puioj

, for llio hlmivs without -joing I? to stops nwnv, Ho may luivo told urn on llio Mondny thnt, lmwoulil pity uui -wluit lie owed llio Hunk, f can BwniiP-jio^itivnly after tho cvii!i>nc<* of Onvir* nnd Blown thnt I had' no conversation wit In Hrnwiunt M^Hoath'H vemndh. Iffis Honor (Iclivorocl tho following judgmont: ft> August last tho plaintiff' lo MiW wstioiitr.iiHfniT.Hl to-tho Buwkof Now >:.m---lnnd two porools of sori|) in tho Yuloan Company, noeonpnny ing- that, assignment, wh nm authority in writing from Brown to Cnmtib.'lli to tho following cfftet. " Herewith I Ihii.ls you sundry scrip in l.li« Vulcan C6n][>;iMy irhioh.you-will plonso hold ns security nsain-t my preiwnt overdrafts, and nlao «j?iiin*r. any. futuro ndvnnco.a obtiunorf. by mo from tho Bunk, n»ul I hereby nuthoriio you.to* sell <>r. disposoof siioh.ooripntyour disoiotion, iu».l in ordor to ennblo. you to do so I.licivwiihi ' ll*nd you. a transfer of sit"h h»-o*." Ii »<- --oordnnoo with • this. nnth.ri-.y tho «lmres w.r,«. rii»p«Mii<of by Mp Cnnpbo.lL on Hw "tlilt January, Upon thin sale tho prcsontioauso of notion nroso the defence to tho iio.ion boms Hut. Mtoh shares were transferred inpon.an -expressed) understanding but«r?en tho- partwe that, the nuthority tosolli w«w not to>opernto ns an al» soluto assignment, butt merely- ns- iv ?oeuri»,/ for tbo overdraft, nnd tlwt b«foro soling or realising tho plaintiff wns to rcwivo notice, tocnnbll) him to i-ftdm-m the »hnr«*. Ignorm;; tho form of tho-Jcoluptttiom wo hnvo to ooneider- whothor. upon tho evidence, such an uudcrstntiiiing win arrived) at. The ©ridr-no* itself «outiiin««l<niaiiy contradictions. I runnot, howotor,. but think, wilh tho ■ plaintiff ' tint tlwse transfers wore nskod for by MV Campbell to com' tho plaintiff's ovordra.t in vimv o< llio approaching arrival of tho Hunk, ln-p.-ctorin Hoo'ton. Thut wflg evidently Mr Campbell's object in asking for tho trunsf.-r, nn.l having obt lined, it I can only gather ;hn ofiopo of tho authority given him by tho. agreement its»!f. Looking nt tho evident ns , n n a.wholo, them appears a grent discrepancy botweon tho Btatomont of Duvins and Campbi'H in relation to thn oonrisrsntion nllegod to have tako plnco noar M'Honth's voranda, mid al<o in tho stiitmn'Wa of pluinhflT'and Camp*bt^ll as to tho joint, hoi 'ing of (wtiin of tln> shares. It in no) for mo to stop in nnd » ••>• whinhofih.) partios I> n.ost brliere. T n«n •ortunatoly rclioved of that dt-m^reenblo dtitv, for apart o'ioh contradictions, it.npp.«nrs to hn quito iiiiinntorml tor by olosoly pxaniining tlu» ovidcnoi* of tho plaintill', nnd Mr M' lull! „ mifltaiont can bo found upon which to bnso a {•idgmont of tho CoiiTt. Mr Campbc-ll aM.^iu His instructions to Hrouupu nnd Uayfc 1 1 nu tho 261h JhniMry. roVativo to tho snlo of 110 Bhari's, roserrinK howy»Tfr to him«olf •'»■> 1 i :ltt of refusing their offers. On rli* fol >wi-i r morning we- find that Rrornxwlled o 1 WOadin. nntl strongly- ndviß^d him to sell, and following Hint his (Brown's) coJfipljiints to Bfonimn, first n« to tho nnsnti^fafton 1 pr >»-. 1 pivts nnl nianft^i > m''»t of tho mho. S> thnt, in this wo find sofrntthing unon win h to groiinrl On truth of Campbell's »tntem.Mil.«, nn>\ as to tho de"ir.> of Bnwn <o>dispo>-.i of' Vii-* fnt-'rest. Bronnan nnd Bnyfeild hoih rrreoefved n(T.T» for lH rt shares nnd eo>nmur.i« «it«t"d th"m to fntnpMl who, '»ow.'ver, licfoic. |:ikin£f iWnn, fl f i.l*. iv'i) nonnnuni.'iifed ,i* lio p:ivs wilh the nlninlift* and return* wii'i ptpre^irtiis of his willhi >ti ss to.»ep''i>( 2s (? I. Ii whs quite o'."ir 'h'<' RrotTn nt th'« \rimo wjh nenrth'* RiOtlf p'viiito's, and irt co nmuMion. tion wilh Mf rViipVll, nnd th« 'nloninv is thn bo w.'i* »h-»i>.» it ri'liM'^m f o th>' si! '-of thono "hai'O*. IJnli'-s. Hio'-nfor", I iini to (Mmv> to therO'io'iMirtn thnt. Mr CaUJi»lv<H w>»< ongn'»ed in a pi »r to clop irn pl s h.t : fT of bi* slinri's nnd di'feiv.t \f i> 8.-iy'oild I must re'jnr I ♦hi'f>o fm-ts ih rO'ie'usive, Tt. is HMroiwuvihli' to tliink thnt ATr Campbell, up.v> rwiviiv.: theofJforof Mr Bayfoil'l left tho Bink us i riioro pretext to thr»\v Mnv'e T) oIT hi' -rrftrd; . It is moro prolmh'o lo think ii it nf rr Inivinr tho Bank Cnmplvll netU'iU\' did sco Brown, nnd obtained nn'h<w»v to- s-'U tho *Imre» as stivt' 1 '! by hi»«. H<d thn ovid*>we ev<"i vsted ' cntinlv wi>V Camnbell' T ni ; «ht ivivo had ao-nn Hsfl>Jonn« wit'i l'o'urd to the oo>i.>'usl 111 n< i»'od at, •nt re^urdo I with Hint of flu 'oild, M'flritin. nnd 'the plaintiir ' hi-'^olf. it mv>ci\t* porfi'e.tlv con'Wlciii, T' hn I b.' <n s:ti I thnt'th'o ''a''» ot CiimnMl'* <'jbs o i Mit, withdrawn! 1 of tlie xliiro.t f • >m s lo \vn v o mfi'.nntiivi o l ' Jnvvn 1 * «tito»-o 's I in. ti < ni'i'iinvit* '"lit both \v.iv« mid W-i< in id wiy • n<i' nii'tent wi h tbo >l .• r endaiit.'«-ttate v m . D.-I.'ti innt w-mld thowfor« bo no»-uU<'i( wi 'i , CO'lfl. Tho Court hrn ndjmrnod.