Feilding S.M. Court.

Feilding Star, Volume XV, Issue 265, 16 March 1894, Page 2

Feilding S.M. Court.

Thubsday March 15th. (Before Mr Brabant, S.M.) The following cases wer£ heard after we went to press yesterday : — E. Burne v. T. M. Jackson (Jackson and Warner), claim £60. MY Prior for plaintiff and Mr Fitzherbert for defendant. In this case the evidence of plaintiff was heard last Court day and has already been published. Mr Fitzherbert applied for a nonsuit as the claim was for goods and chattels, for which there can be no lease, but bailment. The document put in as an agreement between the parties in the action was not properly registered and consequently no claim could be made by it as it was void. A person is not bound to register a document of this description but they will have to take all risks and reap no benefit from such. If a document is to be binding it must be registered according to the Act. There could be no hire of chattels without a bailment. Mr Prior, in reply, said the Act says an instrument may be registered and not shall, so that an unregistered agreement holds good. Plaintiff was the owner of these goods and if his learned friend's contention were cor-, rect defendants could use the articles and defy the owner. T. M. Jackson, the defendant, deposed : Was a butcher residing in Birmingham ; took possession of the articles mentioned in the agreement (excepting one mare)on June Ist, 1893, at a rental of 30s per week ; had possession for one month and after that time were returned to Mr Burne with the exception of one cart; one saddle, and the block and tackle ; was prepared to pay £6 for the first month's use, and fl for the next two months, at 5s per week for the use of the horse from October Ist to February Ist; would allow 15 per cent on £15 for the use of the cart ; in December last Burne rendered witness an account showing a credit balance of 8s Sd in favor of the firm ; on Feb. Ist leceivedan account showing £13 lOs was due to Burne; had a butcher's account of £12 18s 7d against Burne; when the deed of dissolution of partnership between witness and Warner was drawn up no mentiou was made of the claim for £33, as witness considered that settled last October when it was credited to the firm. His Worship, in summing up, said that plaintiff' could not sue for rent that was not clue, and the claim for rent between February Ist and March Ist would have to be deducted, reducing the claim to £52 10s, the setoff admitted would further reduce it to £31 13s Id. Defendant claims £33 cash due to one Warner. The names of Jackson and Warner were on the bill giving credit to the firm, and the latter took it to Jackson. It was clear nothing was due to plaintiff. Plaintiff would be given the option of a nonsuit. Mr Prior elected to take a nonsuit, and plaintiff was accordingly nonsuited, with costs 3s, and solicitor's fee £3 3s. J. Botcher v. C. Neilsen ; claim £10 7s 6d for goods alleged to have been supplied. Defendant disputed the claim and put in a set-off for £4 9s 6d. Mr Sandilands for plaintiff, and Mr Fitzherbert for defendant. • Plaintiff being a German and not understanding English very well, Mr H. H. Bilderbeck acted as interpreter. Mr Sandilands also gave evidence for plaintiff. Chas. Neilsen, Mary Neilsen, John Botcher (junr)., and Hermann Botcher, gave evidence for the defence. Judgment was for defendant in respect of tbe claim, and for plaintiff in respect of the set-off put in by defendant, each party to pay his own costs. J. McColley and F. West v. A. L. Parr ; claim £31. Mr Sandilands for plaintiffs and Mr Fitzherbert for defendant. This was a claim for the return of £20 advanced on a buggy and for £11 damages through non« completion of a contract by defendant. Jas. McColley deposed: Was a stable-keeper in Feilding and had been in partnership with West ; gave Parr an order to make a buggy for which he was to pay £44, and it was to bu completed a week before Christmas; Parr (senr) asked him for an advance and witness gave him £20 ; the buggy was not finished by Christmas ; Parr (senr) told witness that this buggy would be the first turned out ; Parr showed witness a buggy almost completed, and told witness it was for him, but heard subsequently from Mr Parr that Mr Pickering had taken it away ; on March Bth saw Mr Parr, who said the buggy would be completed on the 14th but refused to take it then. Cross-examined : Had been lest a buggy by Mr Parr until five weeks ago ; went on March Bth and offered the balance of £24 for the buggy ; left the build of the buggy to Mr Parr : would have taken over his buggy a week ago had it been completed ; the particular trouble was plaintiff believed his buggy was com pleted and sold to some one else ; instructed his solicitor to write on March 7th to Parr informing him he would not take the buggy and qn the Bth offered to pay the £24, and take the buggy he ordered ; never kept the dates of orders alleged to be lost through not getting his own buggy, Re-examined: Kept tally and found be bad lost tbe hire of the buggy eleven times. Peter Petersen deposed : Went to Parr's shop aud saw McColley's buggy ; saw it last on February 24, and the lining was partly done ; was told it would be finished in a few days. A. 'L. Parr deposed: On November 23rd received an order from McColley aiid West for a buggy ; no specified time was mentioned for its completion ; have bad an order from Pickering sipce nine months ago for the construction of a buggy ; started both these buggies together ; Pickering's is not yet finished, although he has possession of it, and McColley's was finished last Tuesday ; plaintiff had the use of a buggy belonging to witness till five weeks ago ; in January last plaintiff saw the buggy and complained that it was not nearer completion and refused to take it; a, feyr days later" he told witness tp; gp pj^_^. with it : " ' ' " -'■* Cross-examiued ; When .Petersen Yfa,s pointed out McColley's PUggy it >va^ iume advanced than Pickering's,, fciife was left to enable witness to complete tbe latter's iv time for the Palmerston races ; McColley was present wheu-Hms-' order was booked, and no mention was made of the time it was to be com pleted in. Robert Parr (senior) deposcdjto-seCeiv-iug the order from McCoUoyand getting '/ /