Folding R.M.Court

Feilding Star, Volume XV, Issue 95, 19 October 1893, Page 2

Folding R.M. Court

THIS DAY. (Before Mr Brabant, 8.M.) Jane Turner applied for a maintenance order against, her husband, Edward Turner. Mr McLean for the plaintiff and Mr Sandilands for defendant. A technicr 1 point was raised by Mr McLean, solicitor for the defendant, and it having been decided, it was arranged to hear the case later in the day. ) Tbos. Ryan v. John Fraser; claim £S Is. No appearance of either party 4 and the case was struck out. "W. G. Haybittte v. G. M. Benson; claim £1 Bs. Mr Sandilands for plaintiff. No appearance of defendant. Judgment for plaintiff for amount claimed with costs, 7s. W. G. Hoybittle v. Alfred Goldfinch ; claim 8s 9d. Mr Sandilands for plaintiff. Verdict for plaintiff with costs, 6s. L E. Reade v. Daniel Egan ; claim £8 Bs. Yerdiat for plaintiff with costs, 11s. W. F. Elkington v. R. Roake ; claim £6. Mr Richmond for plaintiff. Judgment for plaintiff with costs 11s. Joseph Smith v. I'atrick Dowdall ; claim £5 6s Mr Richmond for plaintiff, and Mr Sandilands for the defence. Plaintiff was sworn and gave particulars of his claim, which was for building a chimney; defendant sent word down about two months afterwards that the chimney smoked and he wished witness to remedy it. Cross-examined: "Would take 5s off for work, and 5s off for the bricks for cash, and that was why the charges on summons and the first account rendered differed ; the chimney pot was not a temporary arrangement put up until the bricks were sufficiently dry. By the Bench : The chimney was not completed when the pot was put up. Frank Spencer gave evidence as to the agreement with Mr Smith for building the chimney ; the chimney was to be 2 feet above the; ridge of roof ; when finished the chimney smoked. Witness was cross-examined by Mr Richmond. Francis Dowdall, deposed : Made arrangements with Mr Smith, which corresponded with what the latter told Mr Spencer ; the chimney was to be built for — bricks 455, tabor 30s, and 6s for cement ; the opening for chimney was made by him ; chimney was constructed to about 18 inches above the lean-to, which was 12 feet below the ridge ; Mr Smith left the job for n day or two and when he came back put up a pot ; got Mr Milham to complete the chimney at a cost ot 11s 6d. Cross-examined bj Mr Richmond : There was no arrangement made that defendant was to pay for the chimney pot. By Ibe Bench: It took the other brickliner n boat six hours to finish the cbim< ncr, for which he pnid 11s 6d. Kidiurd Milham: Had had 50 years' experience :is a bricklayer ; took off a pipe nnd finished the chimney ; put up about 2' >o bricks (about 8 feet in height); did not think a stove pipe would make the chimney smoke. Judgment was given for plaintiff for £4 11> (3d, with 178 co3ts. Geo. Anyon t. H. Smith; claim £16 4> 6d. Mr Sandilanda for plaintiff, nnd Mr Fi'zherbert for the defence. Tbis whs a clnim for goods^upplied to a party of bu»lunen George Anyon deposed : Defendant whs one of a party who had ordered goods from his (witness',) store; the goods teceived by defendant were entered in the Icdeer at to Henry Smith and Co ; de fendnnt promised to see the goods were paid for. nnd never made any objection. Cross-examined : James Bainton, he believed, had the contract from Mr Green ; (a document was produced which pur., ported to relieve defendant from further interest in the contract ) By the Bench : Bainton told him that they (the Company) would see that plaintiff would get his money. By Mr Pitzherbert : Demanded the whole of the amount from the party when the job was finished ; seized tools from camp and got 42 19s from Bainton (at Hunterville) since the work was com* pleted. • Re-examined ; Smith never disputed the account, but said he would never pay. By the Bench : Looked to Smith for settlement. Henry Smith : Never got goods, or ordered any, from Mr Anyon ; did not write the order produced, whicfc was, in Alexander's handwriting ; was engaged by Bainton at A'l a week and found; told Anyon he had nothing to do with the account, when ho (witness) signed an agreement releasing him from the contract; the tools taken by Anyon belonged to the camp. Cross-examined : Did not tell Anyon the men were at Hunterville, the only goods bought by him from Anyon was when he was in the Birmingham township, and those he paid for ; did not get any accounts until he had received a solicitor's letter ; did not tell Anyon that if Bainton did not pay he would, accounts sent to the camp were for Henry Smith and Co., did not think it strange that this should be done. Mr Fitzberbert having addressed the Court. Mr Sandilands replied. Plaintiff wag non-suited, with solici* tor's fee, ona euinea, and costs. (Left sitting.)

*