Feilding R.M. Court .

Feilding Star, Volume IX, Issue 90, 17 January 1888, Page 3

Feilding R.M. Court .

Tuesday, January 17, 1888. (Before Wm. Bailey and S. Goodbehere, Esq.'s, J.P.'s.) Martin Ruis v. Esteven Beiive. — Mr Staite for plaintiff and Mr Prior for defendant. This was a claim for £18 2s 2d, balance of account. As the, main claim was admitted, Mr Prior gave particulars of the set-off which arose out' of advances made by board and lodging : and' by starting plaintiff on certain contracts. Plaintiff's present claim /was for work really done on Bellve's farm on the Harbor Board Block to work out the " dead horse." ' " Esteven Beiive deposed : . Until recently was a hotelkeeper in Feilding ; had known plaintiff for some time.; he had always stopped with him ; the amount of his account .against plaintiff was £48 6s 6d; Ruis got a job in Foxton and said he would pay witness when he came back, but he drevr the- money and went to Wellington and " blowed" the cheque; then, he had a big job for Williamson ; witness guaranteed an account at Haybittle's; this was paid ; guaranteed .a second lot ; when , the job was finished he came down and said he had paid everybody, but he could'nt pay Beiive; he asked defendant to give him a job felling bush ; so his son, Stephen Beiive, gave him a job to fell SO acres for 30s; he came down at Christmas and his mates drew £1 each and afterwards more money ; paid £11 to his mate; asked Ruis to square up, and if after that there was nothing for him to draw, he ; would willingly let Ruis have £5 or; £10 if he wanted it ; the account had never been disputed ; kept-his" books in Spanish ; ' only kept memos. Mr Goodbehere said if the books were produced he knew enough Spanish to. translate them. He said the book must be produced. Steven Beiive (junr.) deposed : He lived on his farm ; knew Ruis, who was sent by his father to fall bush for witness to work out a debt. Richard Wither deposed : He went | with Ruis to fell the bush at Bellve's; j heard him say it was " a dead horse." By Mr Staite : Was to be paid his share out of the surplus ; understood that would be about £30. Martin Ruis deposed as to certain items on the account having been paid for in cash; certain flasks of br-mdy he nerer had; admitted certain items ; when he took the last contract it was not to pay off the account ; never knew the amount he owed Beiive; thought it might be about £18 ; owed him nothing when witness went to Foxton ; have yet to pay his mate £7 10s 7d as well as the | butcher's bill. By Mr Prior: Sometimes took a little drop too much; never drank brandy; never bought it to give away; mates were men who did'nt drink; had lodged at Bellve's some weeks ; sometimes had beer at dinner ; not •as a rule ; sometimes had 2 or 3 more beers in the bar ; disputed certain items because he never had them ; it was not his desire to dispute any drinks he might have had ; some days he had hone. Defendant again went into the box. He produced a memorandum book ; never kept regular books ; (book produced and items read out); did not keep a slate ; Mrs Beiive kept a paper and pencil ; made no practice of giving credit to people ; had. supplied plaintiff with brandy. By Mr Staite : Himself and the missus supplied most of the goods at the bar; (witness was cross-examined at length on the way the memorandum book was written up) ; swore positively each entry was made from day to day. Verdict for plaintiff for £5 19s 2d, costs 20s, and counsel's fee 21s. R. Withers v. Martin Ruis. — Claim £25 17s 6d. This case arose out of the previous One. Verdict for plain* tiff for. £7 10s 7d, and costs was entered ap.