Feilding R.M. Court

Feilding Star, Volume IX, Issue 120, 10 May 1888, Page 2

Feilding R.M. Court

This Day. (Before ß.Ward, Esqr., R.M.) GTVTD OASES. 8. J. Thompson v. C. J. Scott.— Claim £12 18s. Mr Prior for plain-" tiff. Judgment for plaintiffs with costs 20s. , Graham Shannon v. G. G. Death. I Claim £14 11s 6d. Mr Prior for ' plaintiff. i Plaintiff deposed : He was a settler in Kiwitea ; the claim was for certain goods left in charge of defendant, money lent, and balance of a sheep transaction ; had asked Death to settle; he offered £8; said he (plaintiff) could not take less than £12. Mr Prior; here intimated there was a cross action, and His Worship agreed to hear both cases together. Items of the set off were gone through. ■"■■■' : Mr Sandilands, for defendant, crossexamined: Had lived at Death's for a night; his wife have had meals at Death's ; left his brother's place when he got notice to quit; when he lent £2 he had £3 or £4 of his own ; his wife might has money of her own; did -not sell any sheep to Death. ■•'.*'

Mr Sandilands here contended that as the sheep transaction involved several hundreds of pounds the item was beyond the jurisdiction of the Court. His Worship noted the objection. Mrs Shannon, wife of plaintiff, deposed : She had taken certain goods from her place to Death's ; stayed for about three days; had lent Death £2, which she borrowed from her husband; had agreed to take some fruit trees, and pay for those that lived ; three did live; the. rest died, and Death pulled them up himself ; there might be eight or ten gooseberry trees; could not say how many; the claim for grazing a foal she did not admit ; it was in charge of Mrs Stewart, of Cheltenham, at the time; Mrs Death is a neice, and Mrs Stewart a sister of witness; had known a pup of her husband's to kill fowls, but did not know it had killed any of Death's. For the defence, Mr Death deposed : He was a farmer residing at Cheltenham; certain articles were brought to his place; Mrs Shannon raid the wife of witness might use some of the flour aid tea ; when Mrs Shannon was staying there she used some of the tea and flour; had paid the £2 back ; (he explained at length the sheep transaction) ; had not had anj sheep over the number (79a) sold ; they wer» resold to G. V- Shannon, and delivery given to Duncan Mcßeth; did not guarantee the fruit trees ; caught Shannon's dog killing the fowls, and tied it up; did not offer Shannon £8 to settle.

By the Court: Had never agreed to pay for 21 sheep. His Worship said it was a most extraordinary ease.. TSaialiffs nonsuited. No aider as to eoste.

James HasSie v. W. Bast— Claim "1 £4. Mr Staiie for plaintiff . This <vas an^ac&on to recover the amount of a dishonored cheque. Mrs Hastie deposed the cheque had been forwarded twice to Woodville and dishonored.

W. S. Staite deposed to having written to defendant.

Verdict for plaintiff with costs 16s. {"Left Sitting.]