Feilding S.M. Court.

Feilding Star, Volume XVI, Issue 50, 24 August 1894, Page 2

Feilding S.M. Court.

H-r — •■ Thursday, August 23rd. (Before Mr Brabant, 8.M.) Thei following cases were heard yesterday after we went to press :— B. Poole v. D. McKenzie; claim, £36 16s. Mr Reade for plaintiff, and Mr Sandilands for defendant. This was a claim for board and lodging, lr.oney lent, and " drinks " supplied. Defendant put in a contra claim for £29 5s 4d, denied that he received the money alleged to have been lent, anil repudiated his liability for £7 lls' for " drinks." Mr Reade called defendant, Donald McKenzie, who deposed : Had stayed at plaintiff's hotel* at Apiti for some time, and left on March 25th last; had received a cheque in 1890 from Mr Foole for £10 ; this was partly for work done and partly for tools ; witness was to be charged 12s a* week for lodging at the hotel ; did not admit owing anything for drinks. H*. B. Dyer, teller in the Bank of Australasia, gave evidence as to defendant depositing a cheque in the Bank, to Mr J. H. Steven's credit, in January, 1890. B. Foole, deposed : Had lent defendant £10 in January, 1890, to pay an overdraft at the bank ; defendant had been lent various small sums by witness while the former was living at the latter's hotel; [witness produced day book with entries of cash lent, etc.]; on September 9tb, 1893, the defendant went to lodge at the hotel, and stayed there till April 25th, 1894 ; charged defendant £30 a year for 1 lodging. Cross-examined : Had rendered the defendant two accounts while he was staying at the hotel, but did not claim at that time for the money lent ; had lent defendant £4 7s 6d for playing cards, and 8s for a raffle; supplied drinks amounting to £8 3s 6d ; received £10 from defendant in July on account of first account rendered (£l7 7s 6d) ; was to have the free use of defendant's run for grazing ; only bought two pigs, not three, from de> fendant ; would be willing to pay defendant 18s 6d for running hones on his property over night. Mrs Foole and Jos. Elliot also gave , evidence. , Mr Sandilands, in opening the case for the defence, said they admitted £15 12s for board and lodging, £3 15b .■- --for money lent, and 6s for tobacco. Defendant claimed £10 for the use of the paddock for nine months, and £10 was paid to plaintiff a few days ago and they were to " cry quits/ His Worship, in summing up, said < that in the set off the Court would allow £2 10s, grazing £3 Is, gras3 seed £1, pigs £3, and £10 had been paid to plaintiff in cash, making a se£ojf of .£l9 lls. The amount due to plaintiff £16 10s for board and lodging, £18 15s cash lent, beer 10s, tobacco 7s. Judgment would be plaintiff for £11 Us, costs 525, and solicitor's fee 265. A. L. Parr v. W. H. Maitland ; a ■ judgment summons, claim £11 7s 6aV Mr Reade for plaintiff. No order was made as defendant stated be was Hot earning anything, but was working "off 3 an old debt. -