Feilding S.M. Court.

Feilding Star, Volume XVII, Issue 72, 21 September 1895, Page 2

Feilding S.M. Court.

-•> • Friday, 20th September. [Before Mr R. L. Stanford, S.M.I The following evidence was ink j after we went to press : — \ Cook and Whittaker nnp:'l.;h ■•-. s 'n the Palmerston North Bu'.io r!.<\ *m.. . I Manufacturing Company) v. G. i\.lnou ; claim, £2 7s 3d; also, saiuo v. A. 11. ' Curtis ; claim, £6 9s 3d. Mr Sandilands appeared for defendants. In these cases the evidence for the defence was taken, as they are to be decided in the Wellington court. G. Kirton deposed : He was a partner in the firm of Kirton and Curtis, general printers ; the firm of Pallant and Co., bootmakers, of Palmerston North, were indebted to his firm to the extent of j-10 14s for advertising ; application was made for payment of the account, but it was not paid ; in consequence of not receiving payment, arrangements were made with Pallant and Co. to set off tiie private accounts of witness and his partner against their account for advertising; Pallant and Co. were credited in witness' firm's books with the amount of contra due to them ; witness 1 firm's account had been rendered several times to Pallant and Co. H. L. Jackson deposed : Had been manager of Pallant and Co.'s Feilding branch when the accounts between Kirton and Curtis and Pallant and Co. were . contracted ; the collector for Kirton and Curtis made application several times to witness for payment of Pallant and Co.'s advertising account ; knew Mr Whittaker, of Palmerston N., one of the present plaintiffs, who was a member of tho firm of Pallant and Co. ; had a conversation with Mr Whittaker respecting Kirton and Curtis' accounts, and always understood they were to be set off against Pallant and Co.'s account due to them (Kirton and Curtis). J. Coombe deposed : He had seen Mr Whittaker, a member of the firm of Pallaut and Co., at Palmerstou, aud requested payment of tbe amount due to Messrs Kirton and Curtis ; Mr Whittaker referred to accounts owiug to his firm, which it was arranged should be treated as contras ; a letter was scut to Pallaut and Co. sbowiug they had been credited with the amounts. Cooke aud Whittakcr v. G. Fly^cr; claim, £4 16s yd. Mrßcade for defendant. This was also au application by defendant to take evidence. G. Flygev deposed : Had never received a bill of particulars previous, to receiving the summons ; had received a memo, asking for iiaymeut of the amount ; when witness received tin's he saw Pullaut aud Co.'s manager in Feilding and he (the manager) ottered to send it to Wellington for correction ; he admitted items amounting to .£2 14s Gd, and paid .£3 2s Gd into court in settlement of all claims ; knew nothing about the items disputed. Herbert Flyger deposed to his being liable for certain items charged to his father, amounting to A'l 19s Gd, and of this amount he paid 7s ; had never received an account from Pallant and Co. ; was quite willing to pay the amount he owed. The Court then adjourned.