Feilding S.M. Court.

Feilding Star, Volume XV, Issue 292, 19 April 1894, Page 2

Feilding S.M. Court.

THIS DAY. (Before Mr Brabant, S.M ) Jas. and J. W. Bauson v. A. E. Bennett ; claim, £3 16s. Mr Reade for plaintiff. J udgraent for amount claimed, with costs, £'2. A. Hight v. Robert Hammond ; claim £32. Mr Richmond for plaintiff, and Mr Sandilands for defendant. Judgment for amount claimed, with costs X' 2 Bs, solicitor's fee, £1 6s. Barraud and Abraham v. P. Rugstoad ; claim £11 5s lid. Mr Sandilands for plaintiff. Judgment for amount claimed, with costs 275, solictor's fee 21s. W. G. Haybittle v. P. Rngstead ; cluim, j£ls 14s 6d. Mr Sandilande for plaintiff. Judgment for amount claimed, with costs 275, solicitor's fee 21s. Wellington Loan Company v. W. E. Toxford, J. B. Pringle, and E. Buckridge. Mr Sandilands for Mr Pringle, This was a case in which the evidence of Pringle only was taken, the case being heard in Wellington and was a claim' for the amount of a dishonored promissory note, for £50, in favor of a A. Toxford. J. B. Pringle, deposed : Was a farmer residing at Colyton ; had never received notice from the Company of the dishonoring of the promissory note in particulars of demand ; no application had been made to witness prior to the summons for the amount of claim ; had not authorised anyone to make arrangements for the extension of time of the promissory note prior to the dishonoring of the bill, and did not know that it was unpaid until he received the notice produced. J. Whittle v. C. A. Weightman ; claim, £44 14s, £21 14s was admitted. Mr Prior for plaintiff, and Mr Richmond for defendant. The evidence for the plaintiff was heard at the last sitting of the Court and has already been published. J. Whittle was recalled, and said that to the best of his knowledge he had five years of his lease yet to run. C. A. Weightman, deposed : Leased a portion of laud from Mr Whittle for cropping ; defendant wanted a third of the grain : told plaintiff witness* terms* which were one-fourth of the grain : was in plaintiff's house when the offer was made ; one morning plaintiff went down to defendant's house, insisting on having some of the straw ; witness would not agree to this ; eventually plaintiff accepted witness' terms of one-fourth of tho grain ; witness then said he would give plaintiff a load or two of straw during the winder for his cows ; nothing was said of threshing on the ground ; the agreement was not made in plaintiff's house, but in witness 1 ; plaintiff first disputed the right to the grain wl en witness started to cut the oats ; Whittle asked where witness was going to stack the crop, and the latter replied he would stack it near the granary; plaintiff objected to the removal then, and he said the agreement was : mider 40 bushels to the acre, one-fourth ; over, one-third, and half the straw ; notice was not given of the threshing to Whittle, because the machine arrived several days sooner than it was expected ; when the machine arrived Mr Whittle's agent came on the ground ; received a letter from Mr Prior, warning him not to remove the grain ; the letter dated January 25, written by Messrs Goodbehere and Richmond, was delivered on February 7 ; plaintiff refused to take the letter aud witness left it on the doorstep; plaintiff then let three drays in and barricaded the inside gate ; witness took the leading horse from one of the drays and pulled the gate away ; when he wanted the dray he went on to the outer gate, which plaintiff unlocked ; the fourth dray was let in and plaintiff tried to prevent the others going out, but one was then taken while the gate was unlocked ; witness then wired for Constable Tuohy and received the reply that another Constable was passing througk Awahuri, whom witness intercepted and the constable told him to go on carting, which witness did without further trouble ; told plaintiff it was best to lerve the grain in stack for three weeks before threshing; in the presence of plaintiff the women threatened to go to law if witness did not allow one-third of the grain, while plaintiff admitted the agreement ; when the grain was threshed witness refused to cart Whittle's share to the latter's place ; witness sent a notice to plaintiff asking him to remove the grain within 48 hours ; it was not removed ; it was not necessary for plaintiff to incur the expence of sending an agent to watch the machine as the men threshed by the bushel. Cross-examined : Some conversation relative to the agreement did not take place when Mr Whittle, Mrs Whittle, Miss Crabb and witness were all together ; Mr Whittle did not suggest there should be a written agreement ; kept the letter from Goodbehere and Richmond in his possession for eleven days till he wont to remove the crop by advice ; understood from the time witness started to cut the crop that plaintiff objected to the removal ; witness understood that he was entitled to the whole of the straw ; never denied that he agreed to give a load or two of straw to plaintiff. Edward Jackman deposed : When land is taken on the share system it depended on the convenience of parties where it was stacked ; the man who crops threshes at the best place to suit himself ; should say there would be from twelve to fourteen tons in the stack in question. Cross-examined: It would be worth about 10s a load to take the straw from defendant's to plaintiff's; had always been at liberty to take the whole of the ssraw away if he choose. (Left sitting.)