Feilding S.M. Court.

Feilding Star, Volume XVI, Issue 164, 10 January 1895, Page 2

Feilding S.M. Court.

THIS DAY. (Beforo Mr Brabant, S.M.) Dr J. Sorley v. Alex. Dick ; claim £4 4s. Mr Sandilands for plaintiff. No appearance of defendant. Judgment for amount claimed with costs 3ls, solicitor's fee ss. J. Wihon v. D. O'Sullivan ; claim £2 10s- Mr Prior for plaintiff. No appearance of defendant. Judgment for amount claimed with costs sb, solicitor's fee ss. D.O A. in the estate of J. C. Morey v. A. W. Lovejoy ; claim £5 13s 6d. Mr Sandilands for plaintiff. No appearance of defendant. Judgment for amount claimed with coats Bs, solicitor's fee 5s John Cobbe v. W. Shaw ; claim £1 13s 9d. Mr Sandilands for plaintiff. No appearance of defendant. Judgment for amount claimed with costs 13s. H. Duggan v. E. Vary ; claim £2. Judgment for amount claimed with costs ss. A. R. N. Hayne v. E. C. Debaugh ; claim .£lO. Mr Prior for plaintiff. The goods having been returned, judgment was given for costs only, Bs, solicitor's fee. Mrs Macarthur v. Mrs E. A. Halley ; claim .£ls 12s. Mr Sandilands for plaintiff. Judgment for amount claimed with costs 15s, solicitor's fee 10s 6d. T. Anyon v. Jos. Burne ; claim £3 Is 3d. Mr Sandilands for plaintiff. Judgment for amount claimed with costs 15s, solicitor's fee ss. W. J. Phillips v. Geo. and Frank Coyle ; claim £12 Is 3d. Mr Prior for plaintiff. Tbis was a claim on a P.N. No appearance of defendant. Judgment for amount claimed with costs 28s, solicitor's fee 15s 6d. Mrs C Copestake v. C. Markman ; claim £3 10s. Mr Reade for plaintiff. Judgment for amount claimed with costs ss. Bramwell Bros v. A. McHardy ; claim £6 10s 3d. Mr Sandilands for plaintiff, no appearance of defendant. Judgment for amount claimed with costs 21s, solicitors fee 15s 6d. Davy and Mills y. G. Coyle ; claim £1 15s. Mr Reade for plaintiff. This was a claim on a P.N. No appearance of defendant. Judgment for amount claimed with costs 13s, solicitor's fee 15s 6d. A. R. Allan and Co v. J. Elliot ; a judgment summons claim £3 18s Bd. Mr Reade for plaintiff. An order was made that the debt be paid by instalments of £1 a month, first payment to be made in 14 days ; costs of couit Bs. A charge against C. A. W. Hunt, licensee of the Colyton Hotel, for allowing an illegal game, namely, throwing dice, to be played on his premises was adjourned to next court day on the application of Constable Tuohy. P. Thomson v. W. Franklin-Browne. Mr Reade for plaintiff, and Mr H. S. Fitzherbert for defendant. Tbis was a re-hearing of a case on a claim for .£l4 12s 4d, judgment having been given by default on the previous occasion. Peter Thomson, deposed: In December, 1893, defendant went to his place and said that he was going to build at Rangiwahia; he wanted the pries of iron and ironmongery ; supplied goods, and was not told they were for defendant's sons ; was never referred to defendant's sons when he asked for payment ; some of the goods were supplied before the sons came to the district ; received a cheque for £30, sigued Franklin-Browne Bros, and was promised a P.N. (but did not get it) for the remainder ; never relieved defendant of his liability. Cross-examined : Withdrew his proof of debt at the first meeting of FranklinBrowne Bros, creditors ; did not look on the sons as being liable for anything ; signed the proof of debt in ignorance and withdrew it on finding his standing ; never received a P.N. from FranklinBrowne Bros. W. G. Haybittle deposed: His firm (Bartholomew Bros.) got an order from defendant for timber ; the son's were never mentioned during the purchsse. M. Thomson, wife of plaintiff, deposed : Was not told by defendant to debit the goods purchased to FranklinBrosvne Bros. Cross-examined : Walter FranklinBrowne was with his father in the shop when most of the goods were ordered ; could not explain why a memo asking for payment of account was addressed to Franklin- Browne Bros. Jessie Mclnnis deposed : The entries had been made in the ledger as W. Franklin-Browne, but when the cheque was paid witness added the word " Bros." ; this alteration had been made by witness without authority as she thought the account had been transferred. Cross-examined : The only reason for making the alteration was on account of the cheque being signed by FranklinBrowne Bros. ; acted as booker for plaintiff. To the Bench : Wrote the memo produced asking for payment from instructions received from either Mr or Mrs Thomson. William Franklin-Browne deposed ; Purchased iron from plaintiff for a building at Rangiwahia ; told plaintiff at the time that the goods were for his sons who would soon arrive from Napier ; the goods purchased in December and January were ordered by witness and after that by his sons ; in February told Mr Thomson his sons had arrived and would take over the liability ; his sons kept a bank account of their own ; after his sons first meeting of creditors was sued by plaintiff. Cross-examined by Mr Reade. Walter Frrnkiin- Browne deposed : His father, the defendant, acted as agent in Feilding for witness and his brother ; witness' father told plaintiff that he would have to look to witness and his brother for payment for the goods purchased ; gave a P.N to plaintiff for the balance over the £30 paid by cheque. Cross-examined : Did «ot limit his father to any amount ; when Tie, arrived here he was liable to the amount ofabout £130; he ordered goods himself from., plaintiff for his firm. William Franklin-Brown, junr., gave corroborative evidence. In summing up His Worship said that it seemed from the evidence of the sons that the father acted as their agent. The defendant's evidence seemed to be supported by documentary evidence produced. There was strong evidence to prove that the firm was liable and he must take it that plaintiff accepted the liability of the sons. It was clear that the plaintiff could not recover on the claim. The plaintiff was non-suited, counsels fee 21s was allowed. (Left Sitting.)