Kawhia S.M. Court.

Kawhia Settler and Raglan Advertiser, Volume IV, Issue 332, 4 October 1907, Page 2

Kawhia S.M. Court.

(Before Mr Northoroft, S.M.) CIVIL CASKS : UNL'BFENDEb. R. A, M‘Cardie v. Donald M‘Dondonaid, £4 8s 4d, goods sold and delivered.—Order for amount and 6» coats. Commissioner of Taxes v. A. E. Langley, £2 15s.—Order for amount and 5s costs. Same v. A. Bell, 17s lOd.—Ad journed. Same v. Marae Edwards, £1 9a 7d. —Adjourned. * W. M Newton v. Tai Timo, £4 Ils sd, goods sold and delivered.—Order for amount and £1 8s 6d costs. Sime v. Kibe, £7 2s 6d, goods sold and delivered.—Order for amount and £1 15s 6d costs. Same v. Koroheke, £8 6a 2d. goods sold and delivered.—Order for amount and £1 14s 6d costs. Same v. Rerehau, £22 7s lid, goods sold and deliverer.—Order for amount and £2 10s 6d costs. G. Jecklia v. A. Ward, £l2 17s 2d, g >ods sold and delivered.—Order for amount and 15s costs. D. Galvan v. Brown, 10 , work and labour done.—o der tor amount and 12i costs. G. Wright v. Whunga, £l, goods Order for amount and 7s 6d costs. G. G. Jonathan v. Whang*, goods sold, £l4 2i lOd.—Order for amount and £2 3s 6a costs. Same v. Rerehau, £l9 8i 11*1, goods sold.—Order for am >unt and £8 6 - coats. JUDGMENT SUMMONSES. Two judgment somrconses were heard, in owe case an order being made for tbe amount forth vith or one months’ imprisonment, and in the other that £7 be paid down and 80 per month afterwards. A STORE ACCOUNT. G. G. Jonathan (Mr Giilies) sued Houpokia for £2 Is lOd, balance of account rendered.

This matter was tangled up with a contract for wood let io E. Nolan by complainiant, who secured tbe timber from Haupokia’s land. After hearing tbe evidence the case was adjourned. WAGBS CLAIM. E. H. Symons proceeded against G. G. Jonathan (Mr Giilies), trustee of the White Star Sawmill, for £6O for wages. -FComplainant stated that he had worked at the mill from July Ist, 1906, to November 80th, at £l2 per month. He was employed by Andrews and Jonathan, the trustees. He had repeatedly asked Jonathan (or his wages, but was not paid, although others were. About 250,000 ft. of timber had been cut and hauled out. Tbe only money be had was from Decern ber to March, 1907, when be was working for Graham. Jonathan was trustee.

Tbe S.M. said that that document should be put in as evidence. Such could hot be done, consequently a nonsuit was entered with £8 3s costs. THE MILL AGAIN. T. B. Scott proceeded against E. J. Graham, manager, and Jonathan, trustee of the White Star Sawmill Co. Mr Gillies appeared for tbe latter. Mr t Scott proved the debt, stating that Graham gave him a personal guarantee, If he had not had a guarantee he would not have supplied tbe meat. (The case was here adjourned for some time to allow Mr K. Newton to go into tile books and see if any sums had been deducted from the men on account of Scott, but no such entries could be found). E. H. Symons stated that Scott supplied the men with meat. Graham paid tbe men by his own cheque. He had gone over his account in the ledger and had found it in order.

E. Nolan deposed that be thought the money from Scott bad been stop* pel out of his wages. He had asked Graham to keep sufficient money in hand to pay Scott. Mr Gillies said bis client knew nothing of this account, which bad been incurred by Graham. E. J. Graham deposed that he had been manager of the mill from the 4th of December last to April 20th of this year, iu fact he had not been discharged yet so far as he knew. Various ar rangemen is were made re horse feed, etc. Symons said they could not go on working on tinned meat and something would have to be done to proLde them with better food. Three of the men wens to Jeoklin and the guarantee was fixed up. Several more men came, and Nolan told witness, Scott would deliver at 4d per lb, and be would see Scott. About that time Jonathan wrote to him re getting tbe milt on a better footing. Scott then called, and the contract was entered into, tbe settlement to be made once a quarter, the money to be stopped out of the wages, and witness to keep the books. Just before the quarter ended there was one of the periodical smashes. An advertisement appeared in the Kawhia paper stating that all accounts must be paid to G G. Jonathan, trustee White Star Saw mill Co. Since a meeting at the mill the diary had been los‘. Scott applied for n&ymeut. To the Bench—The agreement was to pay quarterly. He understood that tbe White Star Sawmill was distinct from Symons and Co. The money be collected was paid into his own ac count, and tbe wages were paid by his cheque. To Mr Gillies-*-Jonathan was his employer. Tbe trust banking account was at Hamilton. He and Jonathan were to sign cheques. Jonathan told him to pay al! moneys into the bank ing acc’unt. On his return from Hamilton Jonathan asked witness to advance money to pay wages, and to re imburse himself out of moneys that were paid in. He had sent a report re the mill to Jonathan. He paid in and out of his own account. He bad

never kept money back tor Scott. G. G. Jonathan swore that Graham bad no authority to pay money into his own account. Graham wa* upposed to put in a statement as to the financial position of the mill. After Graham commenced working through his own private account witness lost all control. He would very much like the mill diary to turn up. The S.M. said that ScoU would have to be paid, and gave a verdict for £25. to be paid out of tbe money now in band or the first money collected, with £8 5e costs. DISPUTED ACCOUNTS. G. G. Jonathan v. E. J. Graham. £l5 14s sd, goods sold and delivered. —Defendant disputed several items, stating that they ware supplied to « man in his employ and that he had n h fcc-ld complainant to charge them to him.—G. G. Jonathan and L C. Stevens swore that Graham had given instructions that Neil should have goods which were ‘o be piid for by Graham.—One item was struck ou ond a v rdict entered for c 'mpLinan (who was represented by Mr Gi.liui) for £l3 Ila 11*1 and £2 Is ousts. R. A. M'Uardk v. G. G. Jouaihin (Mr Gillies), £9 2j Id.—-On ihe application ef the cimpiainant an adjourn meat wa-r granted, tbeapplicantpayit g the costs.

Same y. F, W. Newton (Mr GUlies), £4 I2s 3d.—.Mr and Mrs Newton bo h s.id that the account piid by ea 1 at tbeir Louse Cardie u-ually sent the. receipt up fc in the hop, bat os this occasion bad omi red io do so— Verdict fur defendin', with £1 la costs. SHEEP WOBRYINS W. A Mason (M Gillie ) p- ceed d - gainst Mr snd Mrs Pu'fitt for £25, tbe v lue of sheep wo-ried by dsfe idant’s dogEvidence cf the worrying was given by Wardner (who shot the dog) and W. A. Mason, and as to ownership by C. L. King. The ownership was denied, the excuse being that the dog was stolen some weiks previous to the worrying. Evidence to prove this was given by both defendants. Wm. Sobye, who gave the dog to Profit!, said that the dog described by King was not the same. None of tbe same breed were worriers. Mr Northcroft ruled that Profit’s dog did the damage, and gave judgment for £23 15’, with £5 5s costs.