Feilding S.M. Court.

Feilding Star, Volume XVI, Issue 270, 18 May 1895, Page 2

Feilding S.M. Court.

Feiday, May 17th, 1895. (Before Mr Stanford, S.M.) L. E. Reade v. W. J. Bennett ; claim £3 15s sd. Judgment for plaintiff with costs. Barraud and Abraham v. Jas. McMillan; claim £15 Is. Judgment for amount claimed with costs 435 ; solicitor's fee 265. VV. 11. Clements v. B. Le Prou. Mr IJearie for plaintiff and Mr Prior for defendant. Adjourned to next court day on the application of plaintiff — £] 17s 9d expenses being allowed defendant. R. Perrett v. P. Sheerin ; claim £3 3s. Mr Sandilands for plaintiff. Judgment for amount claimed with costs ss, solicitor's fee ss. R. J. I hompson v. A. West ; claim £3 lOs lOtl. Mr Reade for plaintiff. Judgment tor amount claimed with costs 15s, solicitor's fee ss. Mrs J. K. Cattle v. J. S. Cundy j claim £18= Mr Sandilansls for plaintiff. Judgment for amount claimed -with costs l?s, solicitor's fee 153 6d. G. Flygcr v. A.Oalaghan; claim £2. Mr Reade for plaintiff. Judomen t for amount claimed with costs ss, solicitor's fee s<. G. Flyger v. I). White ; claim £2 10s. Mr Reade for plaintiff. Judgment for amount claimed with costs ss, solicitor's fee ss. Ranson and Son v. Jas. Cotterill ; a judgment summons claim £19 5s lid. Mr lieade for plaintiff. No appearance of judgment debtor. Ordered to be paid at the rate of £3 per month, first payment to be made by June Ist, or in default 21 days imprisonment in Wanganui gaol. INFECTED SHEEP. The Sheep Inspector, A. K. Blundell, laid informations against G. Millen, Wrei. Reid, J. G. Oldham, G. Shannon, and C Carr with having exposed sheep affected with lice in public sale yards. Accused pleaded guilty, and were convicted and fined 20s each and costs 7s each, with the exception of Mr Carr, who was fined 40s and costs 7s, as this was his second offence DEFENDED CASES. Ben Poole v. T. J. Clapham and P, S. Guy ; claim, £6 10s 2d. Mr Reade appeared for plaintiff and Mr Sandilands for defendants. This case arose in the following way : — lt was proposed early in 1893 to establish a sawmilhng company in Apiti. Legal expenses were incurred with Messrs Goodbehere and Richmond, who sued and obtained judgment against B. Poole, who, it was alleged, offered to indemnify the solicitors against loss. Poole now sought to recover a proportion of the cost from defendants, who were appointed secretary and chairman* jiro tern, of the proposed company, which could not be floated. Signatures were obtained at the first public meeting held to consider the proposal, the defendants' being amongst them. The total expenses amounted to £9 15s 4d, and plaintiff was willing to pay onerthird that amount, suing defendants for the remainder. Ben Poole deposed : In the early part of January, 1893, Mr Buckman went to him and told witness they were going to start a sawmill company in Apiti ; witness was asked if he would take up shares, which he agreed to do ; at the first meeting they held Mr Guy was chairman and Mr Clapham secretary, Goodbehere and Richmond being solicitors ; had been sued by Goodbehere and Richmond for cost of preparing articles of association, which was signed by the defendants. Cross-examined : Had not spoken about the company to Guy or Clap. ham before the public meeting was called ; understood the meeting instructed Mr Richmond to prepare tho Memorandum of Association, also to go to Apiti ; sued defendants as they were chairman aud secretary ; Mr Guy was never appointed chairman of the company; Mr Clapham waa appointed secretary at their first meeting; could not tell when the first meeting waa held ; could not tell who instructed Mr Richmond to prepare the Memorandum of Association, or asked him to Apiti ,* went up with Mr Richmond. Alfred Richmond, of the firm of Goodbehere and Richmond, deposed: In the first place John Buckman went to him telling witness they desired starting a sawmill company at Apiti ; Poole went to him afterwards on the same matter, offering to indemnify witness against any possible loss ; went to Apiti to the first meeting, and the Memorandum of Association was signed ; had corresponded with Messrs Guy and Clapham on the matter of costs, but received no reply. F, S. Guy, deposed : Went to the first meeting on January 26th, 1893, as he saw a notice posted up ; was appointed chairman of the meeting, and called on Mr Poole to address it ; it was decided to canvass for shares ; Mr Clapham was appointed secretary of the meeting; denied authorising Messrs Gcodbehere and Richmond, as solicitors, to attend the meeting. By Mi- Sandilands : a subscription waa raised in the room to pay for advertising ; did not know that Mr Richmond had attended the meeting as a solicitor, but as a shareholder; the company was not floated, as sufficient shares were not taken up ; did uot iustruct anyone to go to any expense. Mr Sandilands submitted the case should be non-suited, as Mr Poole had given instructions for preparing the articles, without any authority, before a public meeting was held. His Worship said there was no evidence to show defendants were liable. Judgment was given for defendants, with costs of court 3s, witness' expenses 295, aud solicitor's fee 21s. The Court then adjourned.