Feilding RM. Court

Feilding Star, Volume XII, Issue 63, 13 November 1890, Page 3

Feilding RM. Court

Wednesday, Nov. 12, 1890. (Before Mr Brabant, R.M.) DEBT CASES. S.. J. Thompson vR. Drury ;. claim £. 19s 7d. Mr Prior for plaintiff. Jud ment for £5 10s 7d and costs 235, solic tor '2ls. (£5 was paid on account afti the summons was issued.) Balance t he paid at the rate of £2 per month. - Same v Ruerate Nuku ; claim £BX 11 -3d. (£5 had been paid since the sun 'mons was issued.) Judgment for £27 ll -3d, costs 30s, solicitor 21s ; no executio to be issued for two months. Jos. Smith v Ruera te Nuku ; claim £ IQ3. Adjourned to next court-day on th application of Mr Sandilands for th . plaintiff. S. J. Thompson v R. Stewart; clam •£l-5 12s lOd. Mr Prior for plaintifl {Since the summons was issued £10 ha< .been paid.) Judgment for plaintiff fo Jdo 12s lOd, costs £2 lis, solicitor 21s. Hugh L. Sherwill v A. S. Baker j claiu ±7 7s. Mr -Sandilands for plaintiff. Cast adjourned. J. D. Lilly v. L; Holden; claim £5 Mr Prior fdr plaintiff and Mr Sandilandi for defendant. The latter applied for ar adjournment till next . court-day, whicl "was granted. C. H. Ruthven y Louis Dafter ; claim £4 10s 4d. Case adjourned in order that defendant might give his evidence in Wellington. F. Thompson vA. Hannett ; claim £3, Oase adjourned to allow the evidence oi defendaut to be taken at Hawera. 1 A. W. McFerran v G. H. Ruthyeh ; claim £1 3s lid. Judgment for plaintifl and costs 6s. Thomas Hirst v. J. Nicol; claim £17 13s ld. Mr Richmond for plaintiff. Judgment for plaintiff and costs.. 2os, solicitor 21s. Same v John Jones ; claim £4 19s 2d. Mr Richmond for plaintiff. Judgment ior plaintiff and costs 7s. F, Berry y W. Millen ; claim £3 18s 3d. Judgment for plaintiff and costs 6s. Benjamin Gosling v C. H. Ruthven ; claim £1 15s. Judgment for plaintiff and costs 6s. A. and J. B. Pringle vJ. Rose ; claim £1 14s 7d. Judgment for plaintiff and -costs 14s. J. Simpson & Co. v J. Cavanagh ; -claim £19 4s sd. Mr Sandilands for plaintiff. Judgment for plaintiff and costs ; amount to be paid £2 per month. Donkin's estate v "W. H. Bevin ; claim £2, 8s 3d. Mr E. Goodbehere appeared as agent for the trustees, and proved the -claim. Judgment for plaintiff and costs. Same yG. Franklin ; claim .£4 19s. Judgment for plaintiff and costs 16s. A. and J. B. Pringle v Ruera te Nuku ; -claim £4. 18s. £4 had been paid on account. Judgment fbr plaintiff for 18s and costs. 6s. Jos. Smith v Ruera te Nuku ; claim £4 10b. Mr Sandilands for plaintiff. £A had been paid on account. Judgment for 10s and costs 6s. G. G. Death v J. R, Davies ; claim £2 Is. Mr. Richmond for defendant and Mr Sandilands for plaintiff. This was a neighbor's dispute about a boar pig ani an entire horse. Defendant's son and John Law gave evidence, for the defence, and plaintiff was heard on his own behalf. The case* was adjourned till next courtday. John Powelka v Mrs Dunn ; claim 4>lß ls. .Mr Sandilands for plaintiff. A bank draft for Is had been received by "- - plaintiff after the summons was issued. Judgment for plaintiff for £6, .costs 30s, and solicitor 21s. John Priestly v Mary Tuck ; : . claim 235. "Mr Richmond for plaintiff and Mr Sandilands for defendant. Plaintiff was a hook agent, who claimed for the value of two books which "disappeared from a box Tie had left, in a room in Mrs Tuck's Botel at Halcombe; he had asked permission to keep the box in his bedroom, hut Mrs Tuck objected, saying the books -would be quite safe in the room next the har; would not have brought this action had the manager of the hotel token any steps to recover the lost books. Plaintiff" cross-examined ; The sample hook was worth ss, and the "other books "he sold ou his own account for 20s each ; sent them to Halcombe from Feilding consigned to Mrs Tuck; they had lain in the refreshment rooms at the Halcombe [Railway Station for several days before be took them away ; last counted the books on 24th July at Mrs Tuck's ; counted the books before that date at Feilding, when there were 25 volumes ; the case was nailed up when it got to the hotel the same as it left Feilding. By the Bench: Did not take the prospectus with him when he went out as it -was too large. Mr Sandilands submitted that plaintiff was not entitled to a verdict under the Licensing Act, as the books were not put in the hands ot the innkeeper for safe custody, while Mr Richmond contended that these books having been left in the room at the request of Mrs Tuck she was clearly liable. For the defence, O. R. Dowdeswell, manager for Mrs Tuck, deposed : He saw plaintiff on his first afternoon at the hotel; remembered plaintiff saying he had lost his prospectus ; he also said if he (plaintiff) went to his box he would not be surprised to find something else was lost ; considered the books were carelessly left about ; when plaintiff went out to ("elver books to his customers he carried them with a single . leather* strap ; the box in which the books were packed was a dilapidated one ; the room in which were placed was considered Mr Priestly's for the time being. Mr Sandilands having addressed the Court, and Mr Richmond replied, judgment was deferred till next court-day. C. H. Ruthven v John Neary ; claim £10. This was a claim for the value of a mare detained by defendant. Plaintiff conducted his own case, and Mr Prior appeared for the defendant. C. H. Ruthven, deposed : He had lost a mare on the 3rd instant ; agreed with Neary to pay him 20s cash and 10a for repairs to a watch if Neary found the mare; Neary discovered the mare -was in the pound at Sandon ; on the Wedhes day morning Mr Blackmore told plaintiff the mare was in his possession, and he would give it to the plaintiff on payment of 33s which sum Mr Blackmore had lent to Neary to pay the poundage fees 13s ; Refused to pay this. Dafendant deposed : Ruthven had employed him to find the mare, for which he was to be paid 30s; This was of course exclusive of the 13s poundage fee, of which he knew nothing when the agreement was made; had borrowed money from Mr Blackmore to release the mare from the pound. Mr Blackmore deposed : He had lent Neary -E2, and when the mare wa? brought to Feilding Neary bad left her in his charge ta be delivered to Ruthven on payment of 335. The R.M. said plaintiff was not entitled to have the horse until he had paid Neary 33s and nonsuited plaintiff. JUDGMENT SUMMONSES. G. Allerby V*N. A. Boos ; claim £2 19s "* A%\. On 'the ground that defendant did not appear, or make excuse for his ab83nce, the amount' was ordered to be paid in one week, or defendant to be impris- " - onedfor fpin* days in "Wanganui gaol. ■■■■■■*— jyifci*«^ti^~^t^^^AlratrnaA--. ;.-. J .^.^i'^