Feilding Stipendiary Court

Feilding Star, Volume XV, Issue 41, 17 August 1893, Page 2

Feilding Stipendiary Court

« This Dat. [Before H. Eyre-Kenny, Esq., S.M.] Henry Rutherford t. Peter Rugsted ; claim L 7 18s 6d. Mr Sandilands for the plaintiff. There was no appearance of the defendant. Judgment was given for the plaintiff for the amount claimed, with 10s costs of Court, and 21s solicitor's fee. j Snmuel Daw r Norman Charlton ; I claim Lli. Mr Reade for tho plaintiff. Judgment was given for tho ' amount claimed, with 24s costs of Court, and 21s solicitor's fees. Bailey Bros y E. Faulkner; claim LlB Ms (id. Mr Snadilands for the plaintiffs, for whom judgment was giren for the amount claimed, with L 2os costs of Court, nnd 21s solicitor's fee. H. Sopp v. D. Mingham ; claim £2 10s for rent. Mr Sandilands for the plaintiff. Judgment was given for the amount claimod £2 10s, with 6s costfl of Court. Now Zealand Clothing Factory y G. Hnelatn ; claim £4 5s 6d Mr Reado for the plaintiff. Thero was no appearance of the defendant against whom judgment was given for the amount claimed, with 7s costß of court. J. U. Blackmoro charged — Kidloy with allowing a horse to stray at large. Mr Prior for the plaintiff. The dofondunt was fined os, with 93 costs of court, 5s witness's espouses, and solicitor's fee 21s. Tho Official AssigTioe in tho bankruptcy of G. 11. Aldnch v H. S. Munro ; claim £37 os 2fd, duo for principal and interest on a promissory note. Mr Saudilands for tho plaintiff, and Mr Reade for the dofoudaut, Tho case for the defence was first heard. 11. S. Munro deposed, That there was a promissory note of £35 duo to tho pluintiff, against which ho claimod a sot off of £29 19s lid for goods supplied and delivered to tho bankrupt Aldrich. Witness sent in tho contra account to Mr Sandilauds, and askod to know what was the balanco due to the Official Assignee, aud he (Munro) would forward it. Witnoss had not received any reply to his letter. Cross- oxamiucd : Witness would swear that the goods as charged in the sot off, wore supplied and delivered. G, 11. Aldrich was also examined, and admitted that as far us he could recollect tho goods with ono exception wore suppliod to him. Mr Reade submitted that interest could not be charged on the note, as his client had offered to settle when he could ascertain the balance due to the Oflicial Assignee. Mr Sandilands urged that a demand had been made for payment of the note, and Munro's books would have shown what balanco was owing. Judgment was entered for the plaintiff in the following terms. — The amount of the claim would be allowed, but the sum of Al3 12s 8d would bo deducted from the set off, and judgment would be for the plaintiff for the balance £20 18s, with £2 9a costs of court, witness' expenses ltis, solicitor's fee £2 2a. J. R. Davis v. E, Charles ; claim £20, for the hire of a horse from the plaintiff as Trustee of Mrs Davis. Mr Sandilands for the plaintifi, Mr Reade for the do fendant. J. R. Davies deposed, that the horse was obtained from witness 1 wifo contrary to his wish, and the defendant worked the animal, which subsequently died. Plaintiff offered to take £15 to settle the claim before he went to Court. Cross-examined : Witness offered to lend Mr l'hjn the horse on one or two occasions. Witness was not aware that the animal was suffering from bot fly. F. Bi9uiark and A. Diamond were called for the plaintiff, and valued the animal at about £15. William Phvn deposed, that he had known tho horse for many years, and he thought it was over 20 years old Witness buried the horse, but did not value it at over £5 prior to its death. The defendant Charles deposed that Mrs Davis lent him the horse on the understanding that ho should take care of it ; he was to pay 4s for the use of it. The horse died while he was working it, and he at once sent word to Mrs Davis. Frank Gay was called for the defence. Mr Reade submitted that Mrs Davis had full liberty to lend the horse, and as she accepted 4s for the hire of it, the defendant could not be held responsible. Mr Sandilands urged that the plaintiff was trustee in the interests of the children as well as the wife, and was responsible for looking after the trust. His Worship said Mrs Davis had no right to lend the horse against her husband's wish, and the defendant was most wrong to go behind the plaintiffs back when the loan had been refused. Judgment would be given for the plaintiff for the sum of £10, with 26s costs of court, witnesses' expenses 295, and solicitor's fee 21s. Execution to bo stayed for one week. H. S. Munro v. A. and S. Ratlin"; claim £37 16s 8d Mr Reade for tho plaintiff, Mr Prior for the defendants. The hearing of this case was adjourned till the Ist day of Soptember, to allow of the plaintiffs counsel amending his statement of claim ; the question of costs to be decided when tho case comes on. John Kaor v. H. S. Munro ; |claim LI B 2s 7d, Mr Sandilands for plaintiff. Mr Reade for defendant. His Worship allowed this case to be struck out, on plaintiff agreeing to pay the defendant's counsel's fee of 10s fid. A. Humphreys v E. S. G. Burko; claim £2, for wages due. Mr Sandilands for tho plaintiff. Judgment was givon for tho sum of £2 ss, boiuj; throe wooks' wages at 15s por week, with 15s costs of Court, nnd 10s Gd solicitor's foo. The Court then adjourned.