Feilding Stipendiary Court

Feilding Star, 29 June 1893, Page 2

Feilding Stipendiary Court

This Day. (Before Mr. Brabant, S.M.) Henry Rutherford v. Edward Hewett ; claim £3 0s 8d for goods supplied. Mr Sandilands for the plaintiff. Judgment for the amount claimed £3 0a Btl, with (3s costs of court. J. C. Morey and Co. v. Geo. Robinson ; claim 18s Bd. Mr Sandilands for the plaintiff. Judgment was given for the amount claimed, with 21s costs of court. William Biugham charged F. Y. Lethbridge with allowing a steer to trespass on the railway lino near Makino on the 23rd of May last. Mr Marshall appeared for the Railway Commissioners, and Mr Sandilands for the accused. Mr Sandilands asked His Worship to inflict a nominal fine as Mr Lethbridge had been laid up for some weeks past. His Worship under the circumstances inflicted only a nominal fine of £1 with 9s costs of court, 10s witnesses expenses, and 21s solicitor's fee. R. O. Carey charged Joseph Hurdle, junr., with unlawful trespass in pursuit of game on the 14th instant at Taonui. Mr Hankins for the complainant, who did not press for a heavy penalty. Accused was finsd 5s with 7s costs of court. Alloweda week to pay. K. O. Carey charged John Keen and Arthur Richards tvith unlawfully trespassing on his property, at Taoaui, in pursuit of game on the 4th inst. Mr Hankins for the plaintiff The plaintiff deposed that on llio date mentioned he came across the defendants,* who were accompanied by dogs, and had full bags on them, including a cock pheasant. Defendants pleaded that they had leave from Mr Walter Bailey to shoot on hia land, and they were unanaro that they were trespassing on Mr Carey's property. His Worship pointed out that the defendants were liable to a penalty of £20, but under the circumstances euch defendant would bo fined as, with 7s costs of Court in each instance. D Snow and J. Francis t. Alfred Goldfinch ; claim £17 Us 4d. Mr Hnnkins for tho defendant. This case was partly heard last Court day, and was adjourned to allow the plaintiffs time to pay a fine of £5 upon an improperly stamped agreement. The plaintiffs had not paid the fine, and counsel for the defendant asked for n nonsuit. His Worship stated that on the evidence adduced the plaintiffs had failed to make out their case, and they would be nonsuited, with Gs costs of Court, witnesses' expenses 245, and solicitor's foe, 21s, agaiust them. Thomas Hall r. F. J. Hcd<o; claim L 6 Ms. Mr Sandilands for tho plaintiff . Mr Prior for tho defendant. The eyidenco in this case was partly heard last Court day. Counsel for the plaintiff based his claim on the fact that the dofcudant sold a cow to the plaintiff and warranted her sound, but the animal turned out to be suffering from tubercu* losis, and had to be destroyed by order of Mr Blundell, Inspector of Stook. The plaintiff now sought to recover the sum paid for the cow. The plaintiff gave eridenco as to tho purchase of the cow and the state in which tho animal was in at the time. His wife and son were also heard on bo half of the plaintiff. Mr Prior submitted that his client was entitled to a nonsuit, as tho Action should be a claim for damages and nob one for tho return of the purchase money. Apain, the fact of the plaintiff allowing ten weeks to elapse before making this claim, entirely put him out of court, In a case where a horse was sold with a warranty and tho purchaser after ten weeks interval claimed damages, it was held that tho statemont of claim amounted to a warranty, and that the only action which would lie was one for damages. Mr Sandilands argued that this was an action for damages, and that where an informal receipt was put in, it was decided that such receipt amounted to a warranty. His Worship decided to hear the case for tho defence. (Left Sitting.)

A Punch and Judy show will be ex« 1 hibited in the Foresters' Hall, Feildiug, 1 next Wednesday afternoon ami evening. '