Feilding R.M. Court

Feilding Star, Volume XIV, Issue 97, 4 February 1893, Page 2

Feilding R.M. Court

» Thursday, February 2nd. (Before Mr. Brabant, R.M.) The following cases were disposed of uftor wo went to press on Thursday last : — Maria Ohyer deposed that* she insured the Hotel for £800, ou the advice of Mr Boarduian, Agent for the South British ; Mr Bellve came to witness a year last November, and suggested an additional £250 insurance, to which ,witness objected ! as she considered the presout insurance ample. By the Bench : Witness was not aware of the additional msurance of £250. W. G. Haybittle deposed that some three years ago the valuer for the South British came up to Feilding to inspect that Company's risks ; as a result of this visit, tho Company declined to increase the amount from £800, which was the sum the Hotel was at that time iusured for ; witness was not aware that any other office had a risk on tho property. Cross-examined : The South British were rather annoyed at the risk being transferred to another office. By the Bench : witness understood that £800 was the full insurable value ; the affidavit of the Wellington Manager of South British Company stated that 3-4ths. of the actual value was generally accepted as the msurable value ; if the Hotel were valued at £1000, 1800 would be a fair risk ; this is a case in which the full valuo should not be accepted, as buildings i»n Feilding could be replaced for less than the original cost ; the affidavits of tho Managors of the Liverpool and London and Globe Compauy, • also of the Manager of the Fire Insurance Company and of the Manager of the Commercial Union Company, were to a similar effect. Mt- Sandilands having addressed the Court, Mr Prior replied, Judgment was reserved until this daj (Thursday) month, to enable his Worship to go over his notes, the case being a very lengthy one. and having occupied the Court nearly sis hours in hearing. Amos Gibson v. Donald McKenzie ; claim £29 Bs. Mr Prior for the plaintiff. Defendant paid £20 9s into court, > Mr Sandilands for the defendant. The case for tho defenuo was first gone into. Tho defendant declined to pay the balance of £8 19s as the bushfelhug was not dove in accordance with specifications. In cross-examination, defendant stated that he had complained of the indifferent quality of the work. Everything had to be fellod up to four feet, except rata and totara. Occasionally mairo is left standing. Re-examined : The fact of the bush being done so badly, would result in his not getting a Jmrn this seasou. Charles Osberg, Richard Oeange, tieorge Duncau, Walter Watson, and Johann Johnson gave evidence at great length for the defence which corroborated Mr McKenzie's statement. Auios Gibson, tho pliuntiff. doposed that McKenzie came at least a dozen times to see how the work was goiug ou,

aiul never made any coiupl.uut until 23rd December, when witness apph for his money. Hu-h Osborne deposed that the work was well done, and stated that iv course of conversation with Charles Osberg, (one of the witnesses for the defence) the latter said he thought Gibson ought to receive his money for the job. Mr Sandilands urged that in face of the number of witnesses called for the ■ defence his client must be entitled to a ' verdict. His Worship, without calling upon Mr Prior, said the evidence was overwhelmingly in favor of the defence, and the statements of these five witnesses^ must be credited. Judgment would be for the sum pf 16a in addition to the amount paid into court, each party to pay their own costs. Frank Gay v. • Thomas . Dixon ; claim £2 10s for breakihglii^S^mare'ir"'''''''"'' I *''"'-' 9 . Mr Saodilands appeared for the plaintiff who was not present, and the evidence for the defence was taken firij. Charles Stevens deposed that the hbrse was not properly broken in, and that the animal was in a worse state than if it had never been handled. v ..-.'.■-":- '.. Crosp examined: The animal was weak and could not pull. ■ Re-examined ; It was very, difficult to harness the ammel ; the further bearing of this case waa adjourned till next court day. R. and A. Green V. William Whisker claim £20. Mr Sandiland* for the plaintiffs and Mr Beade for the defendant. . , , s ; . t . '.^ '■ Mr Sandilands stated that the action was brought to recover rent and possession of a tenement belpngiug to the : trustees of the late Mrs Wiggan. After a great deal of trouble, counsel at length succeeded in serving the defendant with a notice of ejectment. ;-;- iVir Reade contended that the mortgagees must prove the death of Mrs Wiggan . before an action would lie. ; : ' f s His Worship upheld Mr Reade's contension and the further hearing of this case was adjourned till the 6th of April. counsel for the defence being: allowed a fee of half a guinea. ,-....•,.; ; "'[,.;.<?•■' At. this stage, it being then 10.45 p:m. bis Worship adjourned the Court until the 16th inst., three or four cams being still indisposed of. x, ■"