Feilding R.M. Court

Feilding Star, Volume XII, Issue 99, 12 February 1891, Page 2

Feilding R.M. Court

■.■'■;- . " .■ — — — ■>■— — : — ■■-.- ■• WEDIJESfDAY, FEBRUARY 11, 1891. (Before Mr Brabant, R.M.) UNDEFENDED CASES. S J. Thompson v Jensen and Derby ; claim J32 15s 4d. Mir Prior for plaintiff. ''Mr ' Sandilands, . for defendant, admitted the debt, and judgment was entered tip against Jens Jensen with cosfcs 40s", solicitor's fee 425. W. G. Haybittle y Henry Martin j claim 245. Mr Sandilands for plaintiff. Judgment for plaintiff and costs 14s. , S. J. Thompson vP. Dowdall ; claim £1 15s 7d. Mr;' Prior for plaintiff. Judgment for plaintiff and costs 10s, solicitor's fee 21s. T. Hirst v J. Anderson ; claim £8 8s 3d. Mr .Richmond for plaintiff. Judgment'for plaintiff and costs 10s, solicitor's fee 21s. Same vW. Wenham ; claim £6 4s 4d. Judgment for plaintiff and costs 10a, solicitor's fee 21s. Sanie v T. James ; claim £8 I4s 3d, Judgment for plaintiff and costs 10s, solicitor's fee 21s. Same v Jens Jensen ; claim £2 19s 3d, Judgment for plaintiff and costs 16s, so- , licitor's fee 21s. ,-, u Richards and Co. v J. H. "Anderson j claim £& 4s, Judgment for plaintiff anacosts 10s. ' ■ ' . ' JUDGMENT SUMMONS. H. Rutherford v F, Gillett j-claim ;£2l 16s. On the application of Mr Sandilands it was- adjourned until the 13th of May. T, R. Chamberlain v Henry Hughes j claim M 2s. Mr Prior for plaintiff. To be paid in 14 days, or in default 5 days" imprisonment iii Wangauui Gaol. H. Holland y T. Gordon j claim :^8 12s. Mr Sandilands for plaintiff. Ordered to 5 be .paid in 3 days, or in default 9 days imprisonment in Wanganui Gaol. ' DEBT CASES. T. Hirst v W. Cooke ; claim £8 10s 6d, Mr Richmond for plaintiff,, and Mr Sandilands for defendant; Judgment for plaintiff for i' 6 17s 6d,,costs 10s, solicitor's fee 21s. His Worship gave judgment in the case of H. L, Sherwill v A..S. Baker, a claim of £1 7s for valuation ices, heard last court day. The defence' was that there was an arrangement between the- parties to the effect that where no money wasobtained on the loan applied for, no valuation ■ fees should be charged on either side." - MrCooke appeared for Mr Baker, and Mr Sandilands for plaintiff. The evidence was in favor of 'the defendant, and judgment was given accordingly for the defendant. Richards and 'Co.' v E* Klink ; claim £2 15s lid. ; Mr Prior for defendant. F. Richards deposed ; He -had supplied the goods to the defendant, and produced his ledgers knew there was" something* between defendant .and plaintiff's son"; there was no arrangement that plaintiff was to let defendant have goods to payoff the liability of the son. ' -_ = Geo. Richards deposed: He^had written a letter to be given by Klink to .plaintiff asking if Klink. was "going: to take out goods, at the store to the extent of £f>\~' Cross-examined : The letter contained an enquiry to' his father to ask if Kiihk was to take out in 'goods ' what witness owed Klink ; his father had refused ; owed Kliuk £3 when, he wrote the letter; defendant was- not his partner as tenderers for- the contract for work on the race- ' course ; Klink gave him part of the money to make the' deposit. ''-' For the defence, Mr Prior railed thes defendant, who deposed he was a contractor ; had dealings with defendant ;'he disputed one bag of sugar iq the claim. Mrs Klink deposed : She had taken a, letter to Mr Richards ; he opened it and read it, which alluded to the debt 'affair ; never bought two bags of sugar in two days; never took • any notice of the bills because she could not read. (The plaint was here altered to F. Richards, "trading as Richards and (Jo.) . Judgment for plaintiff (less' the cost of bag of sugar) for £2 4s lid and- costs 6s.' .D. Richmond v M. Robinson ; claim 30s. Mr Saudilands -for plaintiff,, who gave particulars of the claim. 'Mr Prior, for defendant, cross-examined. Judgment for plaintiff and costs 18s. A. Palenski. v" H. Home ; claim 4!2-3s 9d. Mr Sandilands for plaintiff, and Mr Prior for defendant. Pliiintift deposed : He' wag a laborer residing at Halcombe> where Home and F. Lueaschewski werel partners in a'flaxmill ; had been sent to cut firewood, and afterwards at spreading the flax to dry ; worked for three weeks and three days ; was told by both partners that they would not work the mill any more ; asked for his wages ; Lukaschew.ski gaye him 'half, and told him to go to Home for the rest ; did some other work in connection with the mill at the order of Mr Home; ifc was not until , afterwards Home said he had not engaged him. . " *.'* Cross-examined : Had asked Home for the money ; never . told Home, when working at the mill, that he would take no orders from Kirn. . Frank Lukaschewski deposed : In September, 1889, he was a flaxmiller in partnership with Mr Home on Mount Biggs' station ; the stuff was shipped away by Home, who had most to do with the cheques; Home found the engine and witness found the machinery; had engaged Palenski for the partnership at 25sper week ; thought Home had given him orders ; Home had Palenski working on a road through Wilson's ; all the mill men assisted ; the first work Palenski did was spreading fibre in the paddock ; the boy always did his duty; the only fault ■ Home had to find with the boy was "he took rises out of him"; considered thef £2 3s 9d was owiug by the partnership. Cross-examined: Ho.'ne had complained of Palenski's "skylarking" ; he had told Palenski to do some work, and Palenski said he would do it when he finished the job he was at, which witness had ordered the boy to do. By the Bench : The partnership accounts had been wound up ; they had lost by the mill ; every one had been paid except a brother of witness and plaintiff • Home bad paid bis (witness' brother) - half, and witness hal paid tha other half; Henry Palenski, father of plaintiff, deposed : He had worked at the flaxmili • at the request of Lukaschewskie had- taken his son to work ; the only complaint was that Palenski and the other boys had given cheek to Home; witness told Home that if the boy was cheeky he should sack him, but Home said he would keep him on until the mill stopped; Home was the boss of the road-making through Wilson's. ° Cross-examined by Mr Prior : All that Home had said was the boys were" laughing; never threatened to give his son a hiding. . Far the defence, Mr Prior said his ' defence to the action was the boy was not engaged by Home, and the boy refused to take orders from him. * reiuse<i John Home deposed : Me ' had been .' connected with Lukaschewski in a fiav mill and the latter had engaged Palenl ski ; had complained to him of not work ing, as Palenski would not wort from his orders; had told him' he would nrit.pay him ; had told his father that if the boy '" .would not work he would have nothing to do w^- him; the faiher" had asked V the mousy several times; had' paid his

half of the other wages accounts, an refused to do this because Palenski woul not obey him. 'Cross-examined: Had given instru* tions to .have; the. road made ; could n< say for certain if Palenski was there ; tli firewood for the mill was cut by a lot t the hands; Palenski may have been then as he refused toobey the firat order h never gave him any more ; had told Ln kaschewski to send the boy away ; ha< complained to the father, who told hin to sack the boy; did not tell him h would keep the boy unlil the mill stopped John Home, a son of the previous wit jess, supported his father's evidence. This- was the case for the defence. Mr Prior having addressed the Bench and Mr Sandilands having replied, ■ His Worship gave judgment for th< plaintiff with costs 21s. ■ Mr Sandilands applied for the' witness Lukaschewski's expenses, but as he was a party to the action the Court refused at first to allow them, but ultimately onehalf the expenses were allowed. W G Haybittle v Penehira ; claim £& 2s 9d. Mr Sandilands for plaintiff. Mr Matravers acted as interpreter. ' • " Mr Haybittle gave evidence as to the particulars of the claim. One pound had since been paid on account.' ; - Mr R F Haybittle deposed that he was bookkeeper- for his- brother; knew the defendant ; identified a receipt for .£1 given to defendant in payment of some goods had in June 1889, was not aware anything else was owing at the time ; an account for these goods had been rendered to defendant. " --•-.. Mr Haybittle said' that as there appeared to be a doubt, if the defendant was willing .to pay the balance he was willing to give the latter the benefit of it. ■ Judgment for £6 2s 9d, and costs 10s, solicitor's fee 21s. A McKenzie v H Pickering ; claim £5 12s 6dY Mr Sandilands for plaintiff, and Mr Prior for defendant. The evidence of W. H. Batchelor, taken at -Wanganui, was read. ' . . , His Worship said the plaintiff had not made out his case, and he .was nonsuited with costs 265, solicitor's fee 21s. J.LloycLv M. Hastie; claim M 14s 6d. This was really a case brought to decide whether 'an' inn-keeper charge an «mployee for refreshments. Mr Prior for plaintiff and Mr Sandilands for defendant. There was no appearance of the parties. „ His Worship said that, judging by the papers.-' before 'him, ' there had been a friendly and' mutual settlement between i the .parties. ' The case was,- however, adjourned on.: the application of the.plaintiff 'wntil next sitting day. .Henry Adsetfc .v.J. Anderson; claim i'l4. Mr .Richmond for plaintiff. This was an action to recover rent ; also the possession ;of the , house occupied by. the defendant. \Mr-E. Goodbehere the claim, «nd the fact' that the defendant had still possession of the house. % An l or<ier was made for the defendant ■to deliver up the premises on or before Friday next. " Judgment for plaintiff and costs 20s, solicitor's"fee 21s. .. Tbe ca6e of Cook [v Carey (claim £10 16s)" was adjourned until 11th Marchr ~ Mr Sandilands made, an application under the Industrial Schools Act that the children of D. Fabling should be committed.- ,' . His, Worship 'thought the - Charitable Aid Board should- have an opportunity. _ Mr Sandilands said the father was willing to cdntnbilte, and. he was desirous of their being taken care of,' away from the influence of tile 'mother, who would be <yut of prison shortly. c *> Constable Tuohey said the father could easily make a home for the children. He ■had reported the matter to his superior officer^ who had said the father should be made to keep, the children. Fabling was a skilled workman, but had bad habits, although not a drunkard. . The Court then adjourned^