Feilding R. M. Court

Feilding Star, Volume VIII, Issue 92, 10 February 1887, Page 2

Feilding R. M. Court

Wednesday, 9nd Febrfaey, 1887. (Before H. W. Northcroft, Esq., R.M.) Eliza Gold v J. A. Gold.— The R.M. | said informations would have to be I sworn for herself and children, after which a warrant would be issued and her husband brought back-. ,- ■- *<-•>- DEBT OASEB. ,„T 0. Roe, , ; y rE. ..*. A. . Simpson. —Claim £1 10s, Mr Sandiland? for, plaintiff. C. Roe proved the claim: Verdibt for plaintiff with costs 6s. Mv^Keeri^Vo C. Guthrie. — Claim £lss 9d. Judgment for plaintiff witii^cbfts 6s. I Same VA-'A; Callaghan. — Claim £1 ; i6s 6d- Judgment for plaintiff with j costs 6s. M- : : ; A v. x - : .R. Same v. Sarah Crook"."— Claim lis. I Judgment; ffor.r r . plaintiff for 5s with ' costs iOs. Defendant had paid 6s ' since summons was issued. . S. J. Thompson v. C. Leach.— Claim £5. No appearance of either party. Eirton and Curtis v. Madden. — r Claim T2sA Verdict for .plaintiff with costs 7s. '' '7 A 7 7-7 j Same v. Sl Rowley.— Claim lOs. Verdict for plaintiff with costs 6s. Same v. W. B. Hawkins!— Claim £3 2s. i Case adjourned for defendant to give his evidence at Wairoa (will be heard on March 22). : , .^ Christopher Brown v. T. Witt.— Claim £4 18s Id.. Judgment for plaintiff with costs. Same v. Samuel Rowley. — Claim £4 Hs4dA Plaintiff bad received 30s ! since the summons was issued. Ver- ' diet for plaintiff for £3 ls 4d with costs 6s. Jeffries v. Brooker. — Claim '£l6 17s Adjourned by consent of couiisei. bat Ms. •■'■'-■' •■'•-" . G. C. Hill v. Martha Gordon.— Claim £1 8s 6d. :' ' : : ""R i Same v. Thomas Gordon.— Chum L £1 lis Bd. Judgment .for plaintiff > with costs 6s in each easel A . -aR JUDGMENT SUMMONS. 5 c c; c ; c - • Hugh Orabb 'v. Joseph' Poad. — - Claim £32 5s 4d. This was a case adjourned- from the Halcombe R.M. Court by arrangement between - tbe * parties. Case adjourned until the • 23rd instant; >•. '.A • A :

Charles Henry v Elyger & Downes. —Claim £2 8s 6d. Mr Sandilands for plaintiff, Mr Downes represented defendants.

Plaintiff deposed as- to the items of his account. . Everything had been delivered except a collar which was now-lying at his shop.

Defendant, T.W. Downes, deposed: The smaller items of the account were for. JFlyger ,and .himself ; the harness was bought for himself alone ; the price arranged for was £7 10s ; took delivery of harness without collar; had since told Henry that he did not require the collar : Henry had never told him the" collar was ready ; considered he owed Henry 10s.

Judgment for £ I 6s 6d with costs 6s. Tbe price of the collar (225) being deducted.

J. A. Belk v. Sing Hop.— Claim £l 5s 9d. Mr Hawkins for plaintiff and Mr Sandilands for defendant.

Mr Hawkins said this was a claim for balance of an account.

Plaintiff gave evidence as to the claim.

Mr Sandilands stated the case for the defence.

W. KA Fawcett, traveUer for Mills and Co., Wellington, deposed: The lamps produced were worth 21s new, retail price; they were now worth 18s 6d, retail price. '

J. L. Rees, deposed: He was a coachbuilder ; theflamps were^ worth, now, about 12s 6dor 14s.c. *■ Tf \.s A.

The defendant, Sing Hop, a Chinaman, was sworn by bib wing out" a match. --.■_.

Mr Sandilands said his client was a naturalised British subject. He deposed he had "bought a spring cart from Belk for £24 and lamps, 30s. The Bench nonsuited plaintiff with costs Bs.

Ronald Cameron * v. J. Lukaschewski.—Claim £8 Is. Mr Sandilands fpr plaintiff and Mr Hawkins for defendant.

Mr Hawkins took an objection as the summons was dated 1887 instead of 1886. The objection Was " riot not pressed.

Defendant deposed: He had not paid 20s a month as|agreed; he had been Out of work except for three weeks.

Ordered to pay 20s a month. Charles Henry v. W. Earp. — Claim £37 17s Bd. Mr Sandilands for plaintiff, Mr Hawkins, instructed by Mr Goodbehere, for defendant.

Mr Sandilands addressed the court giving particulars of the claim.

This was; a case where certain goods 'were noto delivered, to plaintiff in accordance with conditions of sale.

Charles Henry deposed : The action was respecting some' leather purchased from defendants in August last ; Mr Fawcett; a' commercial traveUer, sold the leather as agent for defendant; Fawcett wired from Blenheim he could supply the leather from Earp ; had told Fawcett he must supply only the [ best leather ; he said he would do his best; could hot say' any time was' mentioned; delivery ,was to be given j in Feilding ; a portion came to Feild- ! ing, but plaintiff did not take delivery ; | at request of Levin sent it on to Wanganui ; the remainder, came a long time afterwards ; after some correspondence agreed to take it ; (the leather was herj produced) ; it is bad' •leather, unfit for single straps — good leather is not full of cuts and scars ; it is not well tanned ; if he used it in his business it would destroy his custom ; paid Fawcett no commission for i buying ; (two sides of good leather : were here produced) ; they were not picked sides ; have been a* saddler 18 years, and can tell good leather from bad; Earp's leather was no good to plaintiff ; the price charged, Is 5d for black, was thn highest price be had yet been charged ; had received a letter from Mr Anderson (letter pro-

duced); had used two sides of the black harness leather for which allowance, was made. .

Cross-examined byAMr Hawkins : Saw Fawcett in August ; depenped entirely onJFawcettls judgment in buying ; did not teU TSfnof where he was to get it; (letter f romjEaj-jf to Henry was read dated July 15, 1886); understood he sbould^jpay -shipsteEreight and railway charges ; a sample came a long time , after the order was given ; refused to take it';" it was "sent to Wanganui; a package of leather came to Foxton ; gave orders to Robinson, at Foxton, to sendtit back as it was, so long a-coming ;• eorrespQudqiyje •fcbok place between witness and Tlla-r^^r received Ja boat note for a parcel $ made enquiries at railway station, b\i&

did not get it 1 . ' '"' ■ Ai*J The R.M. said he thought it wiratd perhaps be as well to adjourn' the Sase until the 23rd, until counsel got nis matter r better together. „ Re-examined : Fawcett did not say from whom he would get the leather. ; .W.X.. Fawcett:! deposed: He was a commercial traveller ; hereprOsented 1 E. W. Mills and Co., and sometimes acted for other firms;, had a, convert satiyn with Mr Earp re finding a purchaser for certain leather ; did a line on accpunt of; Tlenry, [with Earp, who paid him a commission on the -sale now before- the court : ; aeted 1 Ab agent for both parties; saw samples in Henry's shop; saw the leather in court, thought it inferior ; the samples he brought from Blenheim were Better; the leather; was not fit for use in thevgeneral trade,; it is.,cut about a good ideal ; Henry would not be justified in itaking it at the price .of good leather.

• Cross-examined : Wired him he* oould get- : good „ leather at :- Blenheim and Henry wired back to buy ; bought from sample, black harness ; took back some skins to Earpe and Co. to show them their quality' ; the skins were left with Earp and Co., and credit given foi them in the invoice j Some of -the skins r /Were . wprse r than those' in court ; theleather is'riot good ; it is too soft and too oily. By the Court : "Arranged delivery should be f.o.b., Blenheim ; it was understood d defendants A wer'^.A to rsend. leather equal' to : 'sample^ tiie leather sent was inferior to sample.

; Henry Sanson, saddler, Sanson, at the request of Mr.Heury.was now Ji.re.serit to examine ' some'Te'atife'r. s $* considered it Arery* bad, 1 never saw 1 ' worse ; had been a saddler 20 years j the other samples in - the Court were fair quality ; he considered. , it badly T tanned. A -y dd si a.-. ... ' -. .j. „x

Cross-examined : Did not think salt water -would make the leather so* bad ; never bought leather so, badly cut. 0 about ;-in a large.- order a.few badfy., cut hides might be*found. •" A. -a ? : ~

ThouiasfWray, saddler, Patmei^ton, where he. bad been ip business 12 years, had" been iii the trade 30" years; had examined some leather at Honry's* premises ; same as ..that prod ueed lin Court; it was very bad indeed ; would not use it in bis business ; would not give it shop room';' it would injure bis-' reputation to use it ; "would not take dehvery'of an : order of Avbi^h that was. . a sample; the other sides of leather in court were fairsaiuplesA Tbis was the ; case for the plaintiffv Mr Hawkins said he had two witnesses to call to prove the leather was not so bad as represeutedA A -■' I .-*-••-• : Anders Auderson> of Blenheim, deposed : He was a tanner of 20 yearsstanding ; had- been lliyears a master ; remembered in« July an order was re- - eeivecT iroin'.'C- Henry ■;■- there was [' same delay owing to the weather ; it' was cancelled., by HeAry, . who sent a telegram ; the whole order was ready ; Henry requested th^eedhides; of bjack and one brown, which makes 8* sides ; the telegram , contained a r _cancel and an order; as the first sample' had been gone nine days, a "telegram was received to forward • the first order, which led us to believe Charles Henry was satisfied with, the first lot of .leather; the leather was well tanned and-Henry must be ablo to-account — • for its present state, as it was sent in good marketable order.; it ia seven months since it left witness' hands and he. did not recognise it ; had never heard Of serious complaints against his tanning; packed the leather with assistance; there > were 39 pieces sent ;• • it is three months .since, it was sunk on the Wairoa bar* this would make the leather bad and soft; had seen Henry, who had shown him the sides at his shop. . .. AAA Cross-examined i The price charged was Is sd ; it should represent good leather ; cuts in the hides are always made by the butcher's knives ; could not recognise these hides as his work. • Tbe clerk to the -Court then read the evidence taken at Dleuheiui'. . i ■-. A A Mr Hawkins addressed ithe. -Court for the defendant and Mr Sandilands havingl replied A*: b.v. .-' . '■'■ A. . The R.M: said he would- deliver judgment on the 23rd instahtA . Tho Court then adjourned. A