Feilding R.M Court

Feilding Star, Volume VIII, Issue 5, 24 June 1886, Page 2

Feilding R.M Court

Wednesday, 23rd June* 1886

I (Before R. Ward, Esq., _1.M.) - ? 1 The informations — Police v Honi te Arahori — were withdrawn as , de-f f endaut was dead. •y > Kiwitea Road Board v. Josepß^^ Abbott.— Claim lis. ' Money paid-^' 1 * I into court. XX 'V' I ™^ F.R.Linton v. D. Miljer^^iin^ • £3 48 Id. No appearance of defeid-' o^ ant. Judgment for plaintiff, and costs 6s. ■'•'.'. . '- : V^Ji&r:. I Halcombe and Shorwiil \\^feN-lfc', *& Gammon. — Claim £3. 5a.. Mr Sans^p« lands for plaintiffs. A* ..letter r^^^ produced from defendant bffe_te]^fif-*~ :: pay £1 per month. Mr BBer^ill fsi proved the .claiin. . Judgment _ for.***-''-plaintiffs and costs. .:,'. • ".-' <7 ■• S- >nx-i Halcombe & SherwiU v. J. Doberty;^ * —Claim £33 13s 6d on a diehohbred' ' promissory note, with interest at Wj^». cent Mr Sandilands for pl^nMsl' 1 - Judgment for - pbihriffai mtK^eo^B^'''^'' and counsel- fees £2mS'S-. r^:u S. 7**l '■>> C. Mathews vi 8. Rowley. ~G^in? *■ 12s Bd.t- Mr B__4ilanda for phij,^ b,r No appearance of pendant, r^u : 3jgX* ; *s •■ for- plaintiff and costs. , ! '^X? -.'.n't? F; Train y. M. DohertyL—CjlahA £4i > 13 Id. Adjourned to next court day, V, '-», subject to proof of service el sum-

mons. , '"" :^ ; ' ,'•■'" v-al-i. F Train v. T. Sinith,— Chum _?2d.> 15s 7d. Withdrawn by consent of "'■ Si ; both parties, -:.-s > Mr Staite appeared for plaintiff iia. - v both the above cases. - ■-"-•••; JUDGMENT S-_QCOXS. - ; '.>-.'•. 'i M. Keen v. W. C>k.— Claim M = 16s 6d. ! No appearance, of defendant. Ordered to be paid fojrthwith or seven - - days imprisonment in Wangan_i '' gaol. Halcombe & Sherwill v. T. Price.— £10 2s 7d. Mr Saudilands for plain- # tiffa, and Mr Staite for defendant. * Mr Staite took as an preliminary > objection that the particulars wer© - m totally bad. A second objection waa^'' that if the case was heard, he would "''■ show the Dr and Cr amounts; of the> /■ account were £262 and £25q, and - : ' therefore beyond the jurisdictutff»o£" -.- the court. Mr Staite quoted,^ caS-S |i_ support of his contention. He a*li»«P ' for a nonsuit. fi , S : '^i' | Mr Sandilancls said that in this caso; ~ the point of juriedu_ion did not apply. ' His Worship said as tOvHhe^ first •■>•? matter the particulars weis not Bufiip- "^ ient. Aa to to jthe jurisdiction that - was another matter, he : (k>nsid_re(l-?- * that when there was a current account ?^ between the parties involving frequent '■" cash payments which reduced the * amount below £100, the Co_trt>_tad V; jurisdiction. -?-Vi (Amended particulars were handed ** ? in by Sandilands.) _r. H. L. Sherwill iftposed: His" firm :•''-•« had considerable deaUhgs ; v withr Mr *?* Price extending oyer a 1 nunjber'of'^ years; proved thei, eale^ of- certain '-"?$' items to defendant; the account hadl' ! often been rendered; hade eonv-rsa^ '\\ "■ tions with defendant, at Bulls.' «nd*#ith^-^ Mr Esam ; the latter said her h_t_. _r---r--'-n? ! ranged with Mr Price th^th^amoiint I'would be paid and a cheque, sent ''over ; '' ' V ' v by Mr Price. „.'•'• -.-■'-.■:.-_ Cross-examined by Ml* Stafte: Ah Sr- „_._ a __ __ _'___.*_' .'i a:.-- ..-•*..'.._.

account rendered to defendant was ac* " : ~ knowledged and put in ;that accouiii * " n shows several tr^e^t^onsamountin^to _ upwards of £lf>0; %'»__l : __otH^]^ ,' had no o>rme^iQn with tHe-lrSw*^ l ones ; Mr-. ?eui)i^n^eoM&h^b%^f^S : '' '"' •' pg the. .smeXitefp..'j^ . errors in the hQ^^t^ff^^iii^^^> t vi^ wrongly kept ;- would b» iixrtiji&wWi& ="< hear that he -w^ipcmwa to pr«ie*§fc|ttt* V Jackson for em Wi^em^ ;/do^_M*rr _ ' ef any case --w^^ 'mis^kos'lbiw-ii^^ l^. *< made ; it was |»^UWipWlai^ to hare m^r^^i^r^m^sm: bean.no errd-i ST tr*__^M r '*_#^- Mr Palmer ; Mr/ BoUye had Iwrt *&^S plained of the _sj_ncurt-by «__^ _iir^iisS^"' > counts; Mr Betive _4ml era^etl : * > : ment of a just dsfct by h_sbit__ruptcy^ tha last trana^tion Vrtn' ;T |fr-prW : '-' :; ' ' : was when be..-^ii&_*»if _«_nei^ :i '' Re-examined ': - Rk»i|_k j_-#'.MwaW*.. : " given for c^'buh^ auction ; Mr PriW WL _&» lW3^£ for tha items claimed for; the itefcaa; sales of cattle, are qulW '.fedijwnp^at'l 1_ and have no conn_ectiol^ith lh-*un_ ,-i»"'i. sued for. ''''" y .S^ : S [ - '-. ' : ''' 77* i'j&&C. Halcombe dewAed ; JEU was . »>.> clerk for Halcombe^ Shewill;a_-;t: aisted Mr SherwiU aj? ; thr aalee by » marking in the book: NirH-P -taught -.!'•< kept the day book in Mr Jackson's time; (note books ,'_'_o_ v ' -ttfciibn^ saßftßt-^'-'tliJ .produced.) : .y-^:: :>■.„ • -„■«,j ,.'*..,,? G. Kirton deposed :Oh behaH-fr i* ;- Price he had offered^ __$' pky the'data '- 1 less interest and T»«tt_ '* "v-*?. _■:.*..-- -, A. F. Halco__d>e wan called,*: but:-' claimed. his expenses/ 'The Coui-l^ekiM •' cided he would have to giyjS his^evS- : ! *■• dence. He depose^ 'J He had" lately* •_ •>.' resumed control ovjar:! the hdaineßS :'; '••>.- »'» '■■ had written to Price ia^d interviewed -.- „ , him at his private reeidehce to ge^- r him to pay hie account; had intftedv him to go to the office; j&ijftl. not go;- -"' to the office; had menriox^ to ; -Frico that he (witness) had : had Aeavy losses.

T. Price deposed :. He bad" always ~* paid for goods imm-diaiel^ attar b» purchased them ; he generally- paid Jackson; all large amonnto ;he arid Mr Sherwill ; sometimes n^ud Jackson outside without taking .'a receipt ; swore he paid the Insurance to Jack- . son.

Cross-examined: The item £_. waft for a tank bought at Palmer's sale ; made the tank over to Palmer as witness did not desire to take it from Palmer ; had not paid Halcombe and Sherwill for the tank ; had understood that Palmer would pay for it'; had burnt a number of old receipts ; the case had been in Mr Esam's hands, who had told him that ha had not a leg to stand on. Re-examined : Bought the tank at Jones and Palmer's sale ; did not remove the tank ; told Sherwill to put it down to Palmer. H. L. Sherwill re-examined by Mr * Staite : Did not remember that Price had arranged for Palmer to pay for the tank.

Re-examined by Mr Saadilands :

|>r was a bankrupt at the time, s, would not have allowed him 9 the tank without paying for !sam was sworn : Said he had through certain receipts for ; had seen Mr Sherwill, and his explanation told Price he I pay ; had not heard Price say mid aend a cheque; what wittold aterwill was that he would >Pri#topay. Took.no part in inve___kion with Priee>l_ua SherStaito addressed the court and id either . * nonsuit or a verdict e defendant. Sandilands said that the quesf jurisdiction was no a nswer to aim. He reviewed the evidence • defence, i Worship thought thb jurredictthe Court was not ousted lookt the facta} The tteta f or interjuld be eftuekout as J_6 written i had be_uf r gi*«n. t^ur'-to this au<;e> receipt ...tlie mon^^ad evij. been paid by _talw>_abe and pill on Price?* account; . Price torn thai he.pjdd tlsi_t anwuntrr:. jild therefore ;itrike it girt. , The Was purchased hy" Price , and. ausly given to ..Palmer: : Judgfor plainttffs for JES l6s 2d and '. :..- '■-. S " ' S W. Kaiser v. Jones atod Duncan, im £8. Mr Sandilands for plaiuid Mr Esani for .'defendants. . ' te was ah action for the recovery gee as a jockey and groom. A [was pleaded. W. Kaiser deposed: JIo was am residing in Feilding ; was^ itt ine aervioe of Jouea and Duncan? since the lath of Apn'. ; ar#ahged yri^ "Mr Jt>aee for .2sa.* _ekwd fo_ijd ':;,' after into jfreeln at tliis rate brought up his wifi, and then boarded ||L home ; Vic^oned this^joi';|'s9:.-h'_.\MMlf; had fee.* 13 years tramitfg.'auai riding Itaraea; was wi^ Jones and aHven H»eeks and three --^Sj le fV' J-tees and Duncan because he could aofe|Eet paid hi^ wages. 1 1 X Oroes-exainiued * _ Had beeii Jout of * \pp before he came ;to .Feeding ;' dhTi^-t aek "MJr-.ftmeß for a j oh; x rode st 'tie Feilding rices ; received the >|mm» Mr Jones said if he gotatliouse r" be (Jonee) would come and board with I him (he did not do so ; all the-iuoney I he received Irom Jones w_S.:_sß sd ; I .got aome clothes from Mr Jortes, but [ thought they w«w a present ; took the [ -hequw to the store to pay for them '. left on the Saturday; Mr Johes was «way in Marton; asked Mr Duncan far money, who, said witness was al-l-ady overdrawn; gave no notice bstfore he left ; <jould not see his wife without food; the first intimation defendants received of the claim was 4 letter from Prior and Saudilands. Re-examined: .The jockey always the fee*, ujaleas their is a previous 4UF_angemeut^it&:theniasior; received . fees 30s; did nQt^r»aiemhar a fourth . -«?]_e<iue of %l-;. r . thought .the clothes for .:hiu» w«re-. a preuf ut ; refused to accept -£'1 a* paymunt. :.— Mr Eaaui a_id the, d_f enbo was Very simple. .The defeudauts.ihfrd Jtjikon - i j4iN tlie plaintiff al™ o *' vu charfty. •V rF. Paget 'Jbii-sd-p used : He was » livety at>ibl<.tee_|»«r ;- ku*nv piaiurilf ciiwe hi' ; .^8 4 *."hyy';'.'h«- cMhe from ■ Pala-enrtou a|^4 .ask.ed witness where lie. co«4d' "geit-'.i^irt- ; afterwards ho applied to witip.»» for work | told him 4h«y eowld _^*#&>r4 it ; aftei wards told him if he-h'k^4;^> buhk'ttown at , *h* aUUes a»d get fcis hoard at the .- _v«bßt; **« himvetuck for -u£t ; w»»d bias a e-H u * f «r -> I5» to lUketohkwrtft>tJ^«Jmei__to; paid, - XI 4 -e te'SuoUiMMS* C« foir 'doth*, ; ; _4»4 charged tltt«aouut to -.. ,«oewuat^i*W(nA^»|ier. amoifnts wttro.^ W e_ti«i^);]rt^^al to^sityfor f . ldMl^9^rv^-.J^:'9JuiiF:oi* .■ : „.»• ;.,;^c. ■■.> 1 1 . ': - f- , <^sM^mit#d:^ «t 1^ nos/timf . 'V.^Y'^V. — Duucan deposed^: '^e 'toad miula <■ . pertain, suicfl payments to paintiff.:;-. Mr rWdilands ad^UjesHfid^ie court.: Hie .WVrfhip g»^ftJ«d^ment for - •: F. __Uo_/'f, E. Khiaiito.--Claim &l I4e'«4'.;' '.<.."..;.'..'^1t, .:.'";• F. Klin^ deapoeedW-Jio claim was _or ■^t^j^.-,«3oi^^ : lfi»w at ?a for matai, 12s for 2 fool rata, 7s foir 2 foot tsy^sj; had do& the work well.' The disfefoe ■ we^micii plaintiff had entered, into a contraette{cut>2o cords of JireWcKKV and , had failed to com- ■ plete. R. lUhln^ deposed: Plaintiff hft-d Arranged to cut 20 cords of firewood ; be asramged tovdo tbUr; when 10 cords were cut -.ft Wf#, to he. paid *50:-^tar cent; by refsoh of (^ plaintiff net fulfilliag hb; :;r;.fpntjr|~t S'np had Most order*-; almya^iaSc- .jhia.^iray ; plain-■■-.v*i£M never ailf^^r^n^^yments: H. 0. Fa||a4- Reposed .:.. He knew ihe partiee pej tl^lauli;. on one occa- **■ aiui J-link aikied cf^ohinson for some money ; he wfs.toid^ie i^buld be paid when half th^isyork; was done. (. J ffia Woi_hip -aadif pla-fljtiff would take his advice _»e ■ w^d. go and eoosplete hie ersmtrkct... T^iamtiff hbh•uitod. "" ''*