MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2185, 8 May 1908, Page 1

MAGISTERIAL.

THURSDAY, MAY 7th. (Before Messrs AV. E. Akroyd and F. A\ 7 . lliach, J.sP.) ; .DRUNKENNESS. < Two men named George Smith and James Lamb woro each convicted of a second offence within six months, and were fined £1 with 2s costs, or four days’ imprisonment. A first offender was fined 5s and 2s costs, in default 24 hours’ imprisonment. A DISPUTED SALE. John Gilbert Nicholls (Mr. R. U. Burke) sued Percy J. Lewis and Ella Lewis (Mr. 11. Hoi) for £ls 2s, being tho value of 30 sheets at 5s per pair, 12 pillow slips at Is each, and 12 blankets at 12s per pair. The plaintiff in his evidence said that upon seeing a boarding-house advertised for sale by Mr. H. Currie, lie, after inspecting it, purchased it for £75, as a going concern from defendants. On deciding upon the transaction, an inventory was taken of the articles by Mr. Currie and defendant, who said there was a full change of bedding for 15 beds. He entered into possession on March 16th but the following day complaints from the boarders for more bedclothes caused his wife and housemaid to examine the quantity of bed linen in tho place, and they found the articles claimed for missing. Defendant came over on the 18th, when ho said ho knew nothing about it, but that Mrs. Lewis would be down tho following Friday. She never came. Ho was positive the sale included the change of bedding. To Mr. Hei: Mr. Lewis did not tell him there was sufficient change for ten bed?. He based his claim on tho cost of the missing articles. Mr. Hei said that plaintiff should not claim for now articles, but tho value of tlie missing goods. Continuing, witness said tho blankets in the house were worth 23s per pair to buy now, but he was only claiming for 12s blankets. AA’lien tho men complained, they found only four blankets to cover 15 beds, and only the sheets that were on tlie beds. He was hot told by Mrs. Lewis to bring his own bed linen.

Henry Currie, agent, stated that he had the sale of the boarding-house in his hands, and on plaintiff’s examination of the premises had an inventory of the property made out. Defendant said there was a full change for each bed, of which tlioro were from 14 to 16.

To Mr. Hei: Tlic linen, from what ho could see, was worn. It was a sale as a going concern, including all furniture, except a few specified articles. Plaintiff's wife gave similar evidence. Defendant’s wifo informed her that the change of linen was in the dining-room, but on looking she could not find it. Tho morning after taking over the premises a boarder complained he had been shivering all night, and .she found only half a. rug on liis bed. A search of the house found only four pair of blankets for tho 15 beds, and no change of sheets or pillow slips. To Mr. Hei: She inspected tho house, and 13 beds had clothing on. Mrs. Barlow stated that she went with Mrs. Nicholls when the latter took possession, and heard Mi's. Lewis say there “was any amount of bed linen” in tho dining room—a full change all round. On looking round it could not be found. Herbert Curtis, a boarder at the boarding-houso, stated that he had had occasion to complain of a lack of bedclothes,, but could not say whether thore were any less clothes on the bed after plaintiff entered into possession of tho place. Mr. Hei explained that tho defence was that defendant contracted to sell tho goodwill of tho boarding-house, partially furnished, and that when Mr. Currie informed plaintiff there was a full change for all tlic beds, Mrs Lewis corrected him, and said thero was only sufficient for 10 beds. A change, ho submitted, was three, not two shoots. Defendant also asserted that lie leit 29 rugs and blankets, and a full change of pillow slips and sheets for 10 beds, everything ho had contracted to sell. , ‘ ... Percy John Lewis, farmer, Haiti, the defendant, stated that he told plaintiff there was a full change for 10 beds (three sheets to a change), anl -that they only kept 10 boarders. They took nothing whatever away nor did‘lie sell or dispose of any of these missing articles. . To Mr. Burke: There were 15 beds in, the house, and when Mrs. Lewis said there was a change of linen for ten beds only plaintiff made no remark. He did not say that the aierage was 12, but his wife made up the average as ten. Although he told plaintiff that his wife would go down and see about the missing articles she had never gone there. . Richard Arnold, a former boarder at the Rata boarding house, said the average number of boarders was ten. Mrs. Lewis, wife of defendant, stated that slid said there was cliango for only ten beds, which; was tho number of boarders she kept. She never took the tilings from • the boarding-house, and her bouse was open to anyone to search. She misrepresented' nothing, and was .quite innocent of tho criminal charge made in a letter sho had .received. To - Mr. were 29 blan altogether, and sho "woußrEe very much surprised to learn thero were only eight. She had received a very insulting letter, and did not think it necessary to go over to plaintiff’s as her husband had said she " °After counsel had addressed the Court, the Bench gave judgment for plaintiff, stating they were of opinion that plaintiff believed- the house contained 15 beds, but they had modified the claim. The defendant was at fault for not making it quite clear. They gave judgment for 12 pillow slips 12s, 4 blankets £ 445, 15 sheets £1 17s Cd, with costs £2 13s.