Feilding R.M. Court.

Feilding Star, Volume XV, Issue 228, 1 February 1894, Page 2

Feilding R.M. Court.

THIS VAX. (Before Mr Brabant, 8.M.) Joseph Darragh v. J W. Brown ; claim, £1 15s. Mr Sandilands for plaintifl. Judgment for amount claimed with costs £2 Is, to be paid as follows : — £1 within one week, £2 to be paid by Feby. 28, and after that the balance at the rate of £1 per monthW G. Haybittle v. Wm. Watts ; claim, £14 4s lOd. Mr Sandilands for plaintiff Judgment for amount claimed with costs 23s and solicitor's fee 21s. F. Cbinn charged his father, T. Chinn, with unlawful assault by striking him on the head with a stick at Bangiwahia. Plaintiff in his evidence stated that the trouble originated through a demand from his father for a reap hook, which plaintiff declined to give, sajing that he did not wish to have anything to do with defendant, who then struck him. Plaintiff wished defendant to be bound over to keep the peace as he was afraid of the latter doing him an injury. Plaintiff's father and mother live apart and the boys sided with the mother, and it was for this reason witness believed his father wished to injure him. Alfred Chinn gave corroborative evi« dence. Constable Tuohy was sworn and deposed to having spoken to certain neighbours as to the circumstances of the case and did not think defendant could find sureties. Defendant was convicted and fined 20s and costs 28s, or in default 14 days' im* prisonment ; also to find two sureties in the sum of £15 each to keep the peace for twelve months or in default twelve months' imprisonment. Wm, Franklin-Browne v. A. G. Hickford ; claim i'3 9s 9d. Mr Beade for plaintiff and Mr Moore for defendant. This was a claim in which the sum of £2 8s 9d was charged for expenses incurred and £1 Is for the auctioneer's time in attending a sale of store goods at Campbell town, which was not successful. Mr Franklin-Browne deposed to arranging with Mr Hickford to sell by public auction the store goods belonging to defendant at a commission of 5 per cent, and expenses ; paid £2 8s 9d out of his own pocket for necessary expenses incurred ; did not admit the set-off for the board and lodging charged by defendant as he should bear them ; it was customary to take a olerk with an auctioneer as he could not do without; one. Witness was cross-examined at length by Mr Moore. A. G. Uickford deposed to interviewing plaintiff and arranging for him to bold a Bale at defendant's premises in Campbelltown ; agreed to pay the advertising and five per cent, commission ; told plaintiff he did not think it necessary to employ a clerk as there was a probability of the sale being unsuccessful ; defendant charg* ed plaintiff for the board and lodging as he considered he had a right to In cross-examination defendant said the arrangement was that if there was no sale he was not to pay more than the advertising. The case was adjourned on the application of defendant's solicitor till the 14th instant at Palinerston North to enable expert evidence being taken as to the custom of auctioneers. The Court then adjourned.