Magistrate's Court, Foxton.

Manawatu Herald, 15 November 1894, Page 2

Magistrate's Court, Foxton.

(Before H. W. Brabant, Esq., S.M.) > j Tmmpu.iY, November 15th. , ctvil. ■[' ■'■■:.■■'■■ '.-•:• i P. Hcnnessy v. John-yStij^hv-A" No appearance of defendant; "Adjourned to 18th December, on .ap:^ plication of judgment creditor. : ■ P. Hennessy & Co. v. Fred Johnson. - Claim il lls 4d. .No appeara nee of defendjn^'^udfnleliil*td c f f! am -»nnt and costs, ss. Harriett E. Bhprtfc.v.- MeMiUap, - Rhodes * Co.— Claim. £30. Mr' Innes appeared for plaintiff. Mr Ray' for defendants. — . . This was' aift^i^ foi^sgttjrß|pm-e and sale, -"Alpiatid was JBcila€(irljUts . Piai.itiff claimed £25 for piano and £25 for damages.*' ".' .7 1 It was admitted that the piano was seized and sold, the rent of goods being handed back and £4 1b balance of sale. : The seizure ffiftf^ made on the 6th September and the piano was sold on tße. 16th October. Harriet Ijs. Shprtt .deposed-Jo- ? strncted the letter produced, od\ sent claiming goods on ray behalf^*, produced deed under wjbich r; gqpjte a ' : were claimed. . ■'... ..""■": Mi* Bay took exception to jjhe " deed, as, being a dead..oi gift it was liable to a afcamp duty. A note was taken to. the/objection. • :.? — r i H. E. Shorbt corxtiiuied : Claimed £25 for damages for losbj o£ us,^ ... ? v Cross-examined by Mrßgy.:, not gone into my claim ; my j|ol\aj[fcpr.'.. told me to make it ; it was of my sitting room furniture i saw the deed directly I knew it* was in force ; was not present when it was signed ; did not receive a letter, only the deed, it was sent by post ; had aletter previously, de3trpyed it ; did not instruct my solwt|pf fe)Wrtt||he letter of the 6th September 1 r I 'instructed Mr lunes „tq r prepare the deed by my soh*B -' ■ advice ; it was my son, Charles Albert; I told him there was a -dispate about" T % the rent; the boy -said ; IK d»'-- the 1 things have always been le^t!imaleiyrr7--your own get them mads 'secifßer^': •» I went to Palmerston and -ask^&i^rr.'. '♦ Innes to make "the deed^' 'OUt;^l' cannot say when ; I tel^'fe'imt-vhafer furniture there was ; held th© 'deeftr-f • until last Court day ; it was in nsjMe possession when the -goods were seized on the 6& September? n»yj<^ have but do not remembfer <qa«aWng to my husband about what jny son said ; I have a very bad hle'nii6ty;J[' do not remember seeing Mr Innei after giving him instructions Ic prepare deed}' I did- not see Mr •; McMillan itt WftflfciutMbofil the • rent ; I did call jtn<| ;«j^k<^^bonk * .-

r*' — — — • •" letter Mr Shortt had received, (a copy dated Bth June produced) ; my husband asked me to say he had no money and had been out of employment for fcWo years ; t 'inow it to be correct ; , had been living in the house 5 years in March ; had no * idea what rent was duo; my husband's circunisfcances had not improved between the time in June I saw Mr McMillan and the time the distress took place in September ; When distress was made I had not the money to pay the rent nor had my husband ; the deed was stamped when I received it, therefore after 28th 'August; I did not nail the deed on the outside door or tell my friends or tell Mr MoMilian about it; I have had two gentlemen boarders and my son for the last two * years ; do not owe anybody any thing else ; I did tell Mr McMillan my husband would pay as soon as he could. Re-examined by Mr Innea— My husband had a little property in Palmerstou. . This was the case for the plaintiff. (To be continued.)