Feilding R.M. Court.

Feilding Star, Volume XV, Issue 253, 2 March 1894, Page 2

Feilding R.M. Court.

(Before Mr Brabant, R.M.) The fallowing case was beard after we went to press yesterday : — R. Burne v. T. M. Jackson (Jackson and Warner) ; claim £60. Mr : Prior far plaintiff and Mr Reade for ! defendant. A set off against plaintiff of £20 lGs lid was admitted. Richard Burne deposed : Was a settler residing at Birmingham ; at one time carried on business as a butcher but sold out to Jackson and Warner ; leased to defendants two spring carts, two mares, two sets of harness, etc., at 30s j»er week. Mr Reade raised the objection that the agreement bed only a shill ng stamp on in . place of a half-crown stamp. Mr Prior replied that the rei,t wa* for chattels and not for land and therefore was sufficiently stamped. Hia Worhip ruled the document was insufficiently stamped and a fine of five ponnds was paid into court. Examination coniiaued : Had dealings with Warner irrespectire of the firm of Jackson and Warner; thenwa-« a balance of £33 due to the lat t( r ; credited the firm with the sum but Warner objected to this, and still bed witness responsible for the amount ; the £33 was owing to Warner before the firm of Jackson and Warner came into existence ; the articles ia the statement of claim were still in the possession of Mr Jackson ; had not received any rent from Mr Jackson. Cross-examined : The agreement commenced in May last ; did not know what arrangements were made between Jackson and Warner ; bad j not taken any of the the articles mentioned in the statement of claim back ; Jackson has, within the last month, bought out Warner's interest in the business and the partnership has been dissolved ; there were sheep running on witness' property when the partnership was dissolved ; distrained them in satisfaction of £54, but had since released them ; on February Ist last gave Jackson an account showing that only £13 10s was owing, because he then thought he could credit the firm with the £33 ; Warner told witness that it was clearly understood between himself and Jackson that the £33 owing to the former had nothing to do with the partnership. By the Bench: Sued for £60 knowing £20 16s lid to be owing by witness to Jackson because the latter would not give him a receipt for it ; I the dispute about the £33 was really | between Jackson and Warnor as to who was entitled to it. Mr Reade applied for an adjournment as his client was unable to be present and the case wag adjourned to next court day. The court then adjourned.