Feilding R.M. Court

Feilding Star, Volume IX, Issue 135, 14 June 1888, Page 2

Feilding R.M. Court

This Day.

(Before E. Ward, Esqr., R.M.)

oivHi oases. £

E. B. Gichard v. F. Khnkr—Claim 13s Id. Judgment for plaintiff and costs 6s. 0. Henry v. W. A. Sandilands. Mr Staite for plaintiff, and Mr Prior for defendant. Judgment for defendant.

0. Henry v. W. Neary.— Claim £15. Mr Staite for plaintiff said this was an action to recover damages for trespass in a saddler's shop, on Saturday afternoon, rented by* Henry from Neary.

All witnesses were ordered out of Court,

Budolph Bilderbeck deposed : He was employed by Henry to look after the shop, and go messages; on Saturday Neary came into the shop about 5 o'clock; asked witness for the key, which was in the back ; he locked the shop, and sent witness to tell Mrs Henry he (Neary) had taken possession until he got the balance of his rent.

Cross-examined by Mr Sandilands : Was not going to lock the shop to go to tea ; went for Mrs Henry's cow about 5 o'clock ; was not going for the cow when Neary came ; there were no customers in the shop. Charles Henry deposed : He was carrying on business as a saddler in a shop belonging to Neary ; was away in Eawitea on Saturday; returned about 5.30; left youag Bilderbeck in charge to look after the shop; his duties would be to take orders, &c. ; found the shop shut ; got John Turner to go with him as a witness to Neary's shop; got him to give up the key ; paid the 10s, and got a receipt ; re-opened the shop about 6 p.m. ; the fact of his shop being closed and his goods seized had a very bad effect on his business; claimed £15 damages as it caused him a lot of trouble in mind and body. Cross-examined by Mr Sandilands : Had taken £9 or £10 last week by sale of stock and work ; the value of the stock was over £30, consisting of cart harness, &c. ; part of this stock has been sold since; it was not a very good business site.

John Turner, Banger, deposed: Was employed last Saturday by Henry to go and take possession of his shop; saw Henry pay Neary 10s for rent ; Neary said Henry was losing his business, and for the future he would charge £2 a week; there were no angry words. Samuel Mills, an employe of Henry's, deposed: Young Bilderbeck was employed to look after the shop ; could not say what the damage would be from the shop being closed on Saturday. Cross-examined : Henry was doing sufficient work to keep going; worked only a portion of last week — four days. Mr Saudilands, for the defence, called W. Neary, who deposed : The shop was let by plaintiff and his wife to Henry (agreement produced); on Fnday Mrs Neary asked for the rent ; on Saturday asked the boy where the key was ; sent a message by the boy to Mrs Henry telling her that he had taken possession until the rent was paid ; had known Henry's shop to be closed during business hours.

Cross-examined by Mr Staite: The property belongs to witness and his wife ; (certain receipts for rent were produced signed 0. Neary). Counsel having addressed the Court, His Worship gave judgment for plaintiff for £2 and costs 265, counsel's fee 21s.

H. Brace and Co. ('limited) v, 0. Henry, —Claim £10. Mr Prior for plaintiff, and Mr Staite for defendant. The £10 was amount of a dishonored oheque. Mr Prior produced the oheque, and proved the signature. Nonsuited.

W. A. Sandilands v. C. Henry. — Claim £17 0s 2d for professional services. Mr Prior for plaintiff. Mr Sandilands deposed as to the particulars of tho claim.

Judgment for plaintiff with costs 20s and counsel's fee 21b.

The Court then adjourned.