Feilding R.M.Court

Feilding Star, Volume IX, Issue 88, 12 January 1888, Page 2

Feilding R.M.Court

Tga Dat. (Before Rr Ward, Esq., RM.) Mrs Dorieen v. Edward Doreen. Mr Sandilands appeared for Mm Doreen. This was a claim under an order made in 1886 by the Court for 7a a week for the maintenanee-of Jus msy' '■'■'■'":■■ "--yy. The R.M. said that defendant had sent certain money on account, and lie XW^adjoj^th^ fendant tp payi>y next court ; day.,- ,j If this is not then? done the Court would expect Doreen to find sureties. -£-■■■ ....,._. XXyiLjqABEB.,.. . M. Keen v.' John Jones— Claim ISs. Judgmentfor plaintiff and costs -Bs. ■•••- : - ■• ' : '-'j'J:.J'y y—— '-'J Thomas „Hirst v. James; Fowler. — Olmbv £6^Ua IQd.. Adjourned .for proof of service of summons! R. B. Fearon. v. Axup.— -Claim £6. Mr Prior for plaintiif/ and Mr Sandilands for the defence! * R. B. Fearon deposed to his having sold a mare to defendant for £6; ao order had been "given in -payment, drawn by Anderson on Axup; when the order was presented defendant retained possession of the document (now exhibited by defendant's sohci- : tor).; ••"--: - r Cross-examined by Mr Sandilands : ; Was bankrupt in 1886 ; (copy of FuiLDiKG Stab with advertisement put : fa). ; 7 -'yyyy V -:- - fo-examined hy. Mr^Piiori Axup •aid when 1 he put the order in hia pocket he would give a cheque iieixt noraing ; plaintiff and defendant were not on bad terms; took the mare in payment of wages ; wanted to aell the mare to get money to leave at home when he went to work. Bjr the Court : Had not been discharged ac ia bankrupt. 7 yMr Sandilands applied fbr a nonsuit , under section 71 of the Bankruptcy Act* i«sa_: 7 >■■•}* Mr Prior, in reply, pointed bnt tbe hardships of the ease of his client, who was compelled as a surveyor' la- , borer to have a horse to go ta hie work, but in order to leave money to support his wife and family sold ;the ; hene to Axup. Axup had- the horse L yet in hia possession, and now tried to i avoid payment, y ; » Hia Worship upheld the contention of Mr Sandfonds~ although he sympathised with Mr Fearon — and granted ! a nonsuit with no order for costs. ■- Martin Ruis v. TEs .even Belive. — t Claim £18 2s 2d, balance of account . for bushfelling. The correct balanoe r was a larger amount than that atated, owing to a clerical error made by hia i solicitor. Mr Staite appeared fbr the ; plaintiff, and Mr Prior for defendant. > Mr Staite said it waa a common 7 boaßt of defendant that he wae oertain , to win any ease he brought into court, t as Mr Ward waa a friend of bis. His Worship at once declined to i hear" the case, and the ease waa acL cordingly adjourned till next week, to r be heard before the J.P.s. . Jamea Armstrong v. AD. McKenzie. J - Claim £5. Mr Sandilands for the plaintiff, and Mr Prior for defendant. This waa a claim for wages in- buahfeliing for 100 hours at la per hour. Plaintiff deposed : When he applied far payment McKenzie refused to pay him aa he denied having employed J laintiff •an order had been drawn by ohnston on McKenzie for £2 sa, but ] it was not paid ; it was presented by post, and returned unpaid, as it was ( not properly drawn; it was stamped ; had kept a tally of his time.:- - >y Charles Johnston deposed: Armstrong had been working oh McKen- > zie's hush; acted as timekeeper for . the latter ; (time sheet produced). Cross-examined : Had taken the first contract to fall., bush from. McKenzie ; had. beeiy paid for first job ; the order of £2 5s was in pay- , ment of all that was due on the firet and second contracts; there was money still due by McKenzie ,pn7sto second ; contract. Mr Prior^ fw-the de^encei said his client had .entered v into no contract with the plaintiff, y - -y ";£> Donald MoKehsie. deposed r Hehad engaged Jolmat^n alone in the se<^nd job ; had, paldjhiin money fofii. 7 : CroM-exaipiped : jl)id not. *i}jiis plaintiff he woijld pay. Is lin hour to get oertain trees down ; trusted evifcy. thing to Johhsibn. : ; Mr Prior addressed the Court. He said hia client did not dispute the weyk hadybeW done, Jhut Johnston: was the man his client had to account withy-.' -7V : yJJ.y :V,'.y. yj'-y Mr Sfchdflands contended a contract had existed between McKenzie and Armstrong.The Court said Armstrong- must look to Johnston for payment. Plaintiff nonsuited. Counsel's fee, 21s. o_«ft Sitting.]