Feilding S.M. Court.

Feilding Star, Volume XVII, Issue 221, 21 March 1896, Page 2

Feilding S.M. Court.

Friday, March 20th, 1896. (Before Mr K. L. Standford, S.M.) Following are the cases dealt with after went to press yesterday : — Berry and Trevena v. S. Daw; claim £58 5s 3d. Mr Richmond for plaintiffs and Mr Reade for defendant. Counter claims of £87 and £20 were put in by plaintiff. The first portion of the evidence in this case was published in our last evening's issue, the conclusion being as follows : — T. Berry and H. Trevena were examined as to the counter claim against them, stating it was excessive and that no arrangement was made for such a charge. R. Macfarlane and J. Bishop were examined as to the condition of the plant whi!e in Berry and Trevena's possession. His Worship, in giving judgment said the £51 4s could not be recovered by Berry and Trevena and Daw's counter claim of £87 could not, in that case, be sustained ; as to the £20 claimed by Daw, it was difficult to decide, and he thought the £6 4s admitted by Daw as owing should be set against that amount, judgment being | given accordingly for the lesser amount I with costs 12s, witness' expense 10s and solicitor's fee £2 18s in favor of Mr Daw. This judgment means that neither side will have to pay the other side anything. P. J. Murtagh v. J. J. Tuohy ; claim £14 12s. Mr Prior for defendant, plaintiff conducting his own case. This was a case in which defendant, as Clerk to the Court, paid over the amount of claim to Mr Sandilands' clerk, Mr Sandilands having acted for plaintiff in two cases where he recovered the amount mentioned, without the necessary authority being signed by the plaintiff. J. J. Tuohy, deposed; Was Clerk to the Court at Feilding, and received sums of money in two cases in which Murtagh was plaintiff; on February Bth, Mr Carfcy, clerk to Mr Sandilands, who was acting for Murtagh, went to witness and asked him for the money, stating that Mr Murtagh had not signed the usual authority for receiving it, but wanted the money as he was going away ; witness, therefore, gave Mr Carty the money in good faith. W. A. Sandilands deposed to acting for Murtagh in a case, and to the money being paid to the Clerk of the Cou rt ; witness was in the Clerk's room when the money was tendered to witness, who, at the time, was called into the court room, so that witness in hurrying out told the Clerk to receive it, which he did, but it was not intended to put the money through the court books ; the case would not have been brought, only that Murtagh objected to the amount of witness' costs, which witness deducted from the amount held by witness on behalf of Murtagh. to whom witness offered the balance, but he would not accept it. A. G. Carty deposed to receiving the money in question from the Clerk to the Court ; Mr Murtagh requested witness to prepare an order for him, which witness did, but Murtagh did not go to Mr Sandilands' office, as he promised, to sign the order, and, as plaintiff told witness he wished the money paid into the bank to his credit, witness went to the clerk, told him the circumstances' and received the money. Mr Prior contended the money was paid to Mr Sandilands originally, and not to the Clerk to the Court, although the latter received it. Judgment was given for plaintiff, and an order made that the money was not to be paid to him until after next court day, April 17th. P J. Murtagh v. W. A. Sandilands j claim £3 2s. Mr Prior for def«ndant. P. J. Murtagh deposed to being sent for to attend at Mr Sandilands office, where he was directed to examine an injured horse on behalf of Mr Sandilands' ; told Mr Sandiland's clerk he would not go up unles his fee was guaranteed, which the clerk agreed to do ; the letter produced was not the one he received instructing him to examine the horse for Lawrence. Jas. Murtagh deposed that the note produced was not the one received by his father. Cross-examined : Did not read the letter but knew that it was not the same from the color. Mrs Murtagh deposed to receiving a notice for plaintiff and couldn't say whether or not the one produced was the same one. The defence was a denial that defendant's clerk undertook to guarantee plaintiff's expenses. A. G. Carty deposed to giving plaintiff Mr Lawrence's address, for whom he was going to examine a horse, but: denied that he promised to pay plaintiff anything. W. A. Sandilands bad not had any conversation with plaintiff on the subject of his fee for examining the horse prior to Monday last ; only dealt with Lawrence in the case against Powell. E. E. Lawrence deposed to writing the letter instructing Murtagh to go up to the farm which witness was managing, and to examine a horse ; witness wrote the letter produced and left it at plaintiff's house, requesting him to go up ; witness had gone to plaintiff's house with the object of paying him the £2 allowed by court and had the money then to pay him if he would take it. Judgment was given for defendant with costs 33s and solicitor's fee 21s. J. H. Richardson vF. Harris ; claim £1 14s 6d. Judgment for amount claimed jvith costs, The court then adjourned,