FEILDING R. M. COURT.

Feilding Star, Volume III, Issue 21, 26 August 1882, Page 2

FEILDING R. M. COURT.

Wednesday, August 23. (Before R. Wakd, Esq., R.M.) G. W. Hirst v Bake:- and Allison.— Claim for £45 7s 7d. G. W. Hirst, deposed : Was a storekeeper at Halcombe ; in December last, sold Mr Baker goods to the value of I £'45 7s 7d, and gave delivery; had applied for payment, but had not received it. Cross-examined by Mr Baker: Saw Mr Baker in the store ; kept the store on his own account ; did not tell him he was keeping the store on account of Mr Nash ; the store was closed, but did not know why ; opened the store after the rumor of Mr hash's death; did not put in any claim for wages ; knew Nash was indebted to Baker and Allison ; did not remember that these goods were offered in part payment of the claim ; the goods were his, and he expected to get paid for them ; believed that if Nash did not pay for the goods, Mr Baker would ; did not know how much Nash owed Baker. Mr Baker deposed : Was in Halcombe; saw N ash's store closed; wanted to see Nash ; on going up the street he met plaintiff, and said there were some goods he could do with ; offered to take thorn as a set-off; plaintiff said Nash had taken a quantity of goods to sell at Taupo ; spoke about some firewood ; Hirst distinctly told me to take out goods to reduce the account of £124 4s due to the firm ; was satisfied he would have been paid had Nash lived ; it was at Mr Hirst's own asking that he took th > goods to reduce the account ; he wanted me to take nails and harness ; there could be no misunderstanding. Cross-examined by Mr Prior : Never asked Hurst to charge the goods to him ; did not understand Nash's consent was necessary ; was unaware of any transfer of the property. Mr Pybus, of Halcombe, deposed : He was present at Nash's store when Baker was buying goods in large quantities. Cross-examined : Was half-an-hour in the sto-e. Mr Buker recalled by the Bench : Received an account and credited Nash in his books with the value. Hirst recalled : Did not ask Baker to take the gjods as a set-off to Nash's account; said he supposed it would be all right. Plaintiff was nonsuited.