Feilding R.M.Court.

Feilding Star, Volume XIII, Issue 4, 9 July 1891, Page 4

Feilding R.M.Court.

■ Bth July, 1891. I- ~ (Before Mr Brabant, R.M.I On the information of Alexander Munro, Inspector of Stock for the Wanganui district, Edward 'McDermott was charged with driving by his, servant certain sheep inflicted with lice along a highway not being within the boundary of the run occupied by the defendant. He was further charged, with being the owner of sheep infected with lice, and found in the yards of Messrs Stevens and Gorton. Defend- * ant was fined £l. r and costs in each case. With' the permission of the Court, Mr Munro stated that it" was the intention of the Department to , ask for the highest penalty to* be inflicted in all future cases brought under the/ Sheep Act, 1890. He specially asked the members of the press to give his remarks all possible publicity. W. A. Cooinfier y. W. G. Barrett ; '- claim £10 4s. Mr Richmond for plaintiff. No -appearance- of defendant. E. Goodbehere. as, agent, for plaintiff gaye «yidence,'and judgment was given for the amount andcosts. ( ~ S. J. Thompson y.'R. Stewart; claim i*2 3s for goods "sold -and I 'delivered. Mr Prior for? plaintiff. No appearance of defendant. Judgment for plaintift and . costs. ; - ' , - Cobbe and Darragh v. J. R. Morgan ;, claim £33'12s6d>for a dishonored cheque. Mr Sandilands- tot- plaintiff. No appearance of defendant. , The interest charged was taken' off „ the Jclaiin and judgment .given for £33 6s'ld. ; Manawatu County Council v. E. Giesen; claim for rates. No appearance of Vplaintiff. 'Defendant appeared and said the claim' had nothing to do with him. Case 'struck out. A. W. .McFerran v. H. Butterskill; t :^?!Bun £12 4s 9d on judgment summons. :t^ifcMifefi*isnds for plaintiff. Defendant U appeared and "offered to pay .£1 per month, which was accepted. ' W. G.Haybittle v.'N. Charlton. This was an/interpl<a !er summons on a claim' of £4A 4s*ld, in' which judgment had been given. H. Adsett, owner of the house, in question,olaimed £26 for rent, out'of me amount ot the sale of goods sold under distraint. * The questions to decide were the amount due for' rent according to the terms of, the tenancy of the .house, and whether the notice of interpleader had been given within the proper time. E. Goodbehere, land and commission agent, gave evidence, of the arrangement made for-;rentfng the house 'at 10s per week. Ml had been paid in one sum 'on the 10th May. •"- \ Cross-examined : There was A no arrangement that N. Charlton should only 1 -occupy the house till, his own was. built. . W. A. Sandilands deposedto issuing a •distress warrant against N/Charlton, who -gave up possession of the goods, but it was arranged "for them, to be left fora -certain time, after which if the claim was not satisfied they were ,to be removed to Stevens and Gorton's sale room. , < _- i Norman" Charlton gave evidence, "of _ faking the house ; his intention at/the time was bf occupy it for 12 months ; con 'sidered when the goods were seized cufey were in the custody of the\law. \ _ W. A. Sandilands again went into the iiox, and said : that Adsett Had told him he { -had no intention of destraining on N. ■Charlton 's goods, as DrCharlton had promised to pay the rent.' j , '\ t ', . Both counsel addressed the Court/ and , His Worship suinuaed up.' He was, satis-, * s^ed that the'.nctice of interpleader had ; b een given in due - time. He' was not •- satisfied that the teriancy was a yearly : one, but only by the months and he gave 1 judgment for the landlord for L 4 6s 4d T and costs 6s. \ Bailey Bros, and Cornfoot v R. Davies ; •^elaim £2 7s 6d. Mr Sandilands for plainstiffs. No appearance" of defendant. W. gave evidence' of tHe claim, and judgment jwas giyen for plaintiff and costs. * : ! , - Maria Otter y? J. Donnelly ; claim, £5 ■I 12s. Mr Sandilands for plaintiff. No r appearance of defendant. Judgment for 1 amount and costs. W. G. Haybittle v J. T. Foster ; this 1 was an interpleader case in which a horse 1 had been seized for debt ; Mr Sandilands' ' for plaintiff and Mr Richmond for defendant. s T ' T. W. E. Foster deposed to being the ' owner of the.horse'in question, and J. T. Foster to haying no interest in the owner- [ ahip. ', Constable Tuohey gave evidence of seizing the horse, having good reason to believe it belonged to defendant. His Worship gave judgment in favor of the elder Foster as there was no evidence that he was not the owner of the horse in , * question. No costs were allowed. M. Monteith v C. Thorson ; claim £Q 4s for' rent ; Mr- Prior for plaintiff and Mr Sandilands for defendant. V The plaintiff gave evidence with reference to the claim. Charles Thorson' deposed to occupying the house for nearly 12 months ; arranged to occupy the house 12 months rent free, in consideration of money owing him by the husband of the plaintiff. Cross-examined : After the -first month it was arranged that he should pay 3s per week. Mr Sandilands here said it was no use .going on with the defence any further. Judgment was accordingly given for the plaintiff with costs and solicitor's fee. Amount to be paid at 10s per week. •teg^E. Schwass., y R. Telchi rclaim £33 12s 3-d; Mr Prior for plaintiff and Mr Sandi"^^SSsiSisJpr defendant. ' There was a cross -.^action in^^iieiL-fi'-HeW trial had been granted; of Telchi^v Schwass for £2 18s ; Mr Sandilands for, plaintiff and' Mr Prior for defendant.' Both cases were allowed to be heard together. Rudolph Telchi and his wife and son, / James Fergusson, H. T. Polenski, *E. Schwass (senr.), E. Schwass (junr.), and •nd Carl Marramach all gave evidence at , great length, mostly being matters of der tail and of no interest except to the parties . t "Bit i counsel having addressed the I Court, E'S Worship gave judgment in the — _ first -ease of defendant and costs, and in " /the second of plaintift with costs. " L. Hdlen v. J. Oldham;' claim L 4 5, balance o." payment^for purchase of fencing wire ; Mr Sandilands for plaintiff and Mr Ruhm >nd for defendant. Louis Holden, farmer, of Makino, deposed to importing a quantity of best English galvanised wire; warranted to bear a strain of 15 cwt ; supplied defendant with 17 coils. Defendant came to him and said the coils only weighed 751bs, and he told him <it would bear the same strain as a coil of | black wire weighing one cwt ; Plaintiff 'offered to take the wire back at no expense to defendant, but he would not allow him. < E. Bosher, farmer, at Mangaone, said he bougut 19 coila of the same wire from plaintiff and got good value for the money ; would be glad to get more like , ilrat the same price, if he wanted it. ' D. McKenzie, farmer, at Apiti, deposed to haviug a talk with defendant about the wire and enquiring if plaintiff had any more of the same kind. - 1 John Oldhiiin, settler, at Apiri, gaye ' evidence of the price agreed upon for the wire; plaintiff said he there w as a cwt 4h each coil, but found he-had made 6 mistake ; plaintiff told him he wouldn't

charge him the disputed amount mow claimed, but only charge at per cwt. Cross-examined : He said the real dispute was that he considered he was Luying the wire by the cwt. i, John Gr. Cobbe, storekeeper, Feilding, said wire was only sold by the ton or , cv/t ; had never known it sold any other way; all the coils- he sold were of that 0 weight. t By the Bench : Had never known any fencing wire designated as steel ; a cwt coil of No. 9 wire would measure 600 r yards ; did not know the strength of the » various Nos. of wire. } Defendant, re-called, said the length of the coils he got was 15 chains. This closed the evidence, and His Wor- . ship,, haying to leave for Palrnersfcon, said ' he would give judgment on the next , Court day. At 8.15 p.m. the.-' Court adjourned till the second Wednesday in . August. ■- . ■ S. J. Thompson is showing to-day a lar<re selection of Kaiapoi goods including Men's over coats, Uoyis and Men's suits in saddle tweeds and othertweeds. Men's riding -trousers-in saddle tweeds, Kaiapoi all wool shirts with collar and without, and very large lot of Kaiapoi flannels and fingerings. — ADVT. (For continuation of Reading Matter see ' ' fourth page.)