Magistrate's Court, Foxton.

Manawatu Herald, 23 April 1896, Page 3

Magistrate's Court, Foxton.

(Before R. L. Stanford, Esq., S.M.) Saturday, 18th April. John A. Perreau v. John A. •^ Anderson. (Continued ) Mr Hurley thought the Magistrate would have to take into consideration the relative positions of the parties. Sometime ago Anderson was in treaty to purchase Collins engine at £250 and Perreau hearing of it somehow bought it for £200, < -with Anderson's consent, and had agreed to Bell it to Anderson for 4250. The only rent payable by Artterson was that paid by Perreau to Collins. Anderson went to considerable expense to work the mill. Mr Hurley contended that as Perreau held a distress unsatisfied he was unable also to sue. Mr Fitzherbart contended the print- had nothing to do with the one. The goods were handed by Anderson to Perrenu by letter. The distraint was not followed up, in

fact abandoned. No notice was given of abandonment. By the S.M.— The Warrant is a nullity as it has nob been signed by Perreau. Mr Fitzberberfc— The goods are i there and they were entitled to take them under the order Of Anderson. He contended " distress " meant the proceeds of a sale, not the holding of the goods. Mr Hurley remarked that Perreau had given evidence that he held the goods under the distress warrant. Perreau had also elicted not to act under order given by Anderson but had issued a distress after receipt of it» The S.M. decided " distress " meant the articles of distress not the result of sale. He could not see how the action could be maintained. Mr Fitzherbert objected to the warrant being before the Court as it was not proved. j The S.M. said he would put it on one side. Mr Fitzherbert asked for a nonsuit which was granted. John A. Anderson v. John A. Perreau — Counter Claim £21 Ga 6d. Mr Hurley for plaintiff. Mr Fitzherbert for defendant. Mr Hurley said they considered) they had a claim for expenses in* curred by Anderson in putting mill into order and they also objected to the commissions. Mr Fitzherbert contended that commission was chargeable under the oral agreement. The S.M. held that the written agreement could not ba added to. John Anderson deposed — About the middle of November had a chance to buy an engine from P. Collins. He admitted the arrangement was to buy the engine from Perreau for £250. Had Held, Foreman and his two sons were present at the bouse when the agreement wa3 made. Perreau said he would charge only 25% which he agreed to. The agreement was that he was to buy the engine and on that he made the arrangement with Perreau. He took the engine outside the mill and put it in a shed. He also obtained other items (detailed.) Perreau had told him just before Xmas 4hat be' had had an offer for the engine. He told Perreau he thought he was baying it. Perreau said certainly not. Had inquired about accounts, especially one for £6 odd, for which the person said he had never had the money, though the receipt had been produced. Had asked for accounts every month. Only had a statement of accounts on the 21st March and summons on the 28th. Did not authorise Perreau to enter a distress at the mill for him. Cross-examined by Mr Fitzherbert —Collins did not refuse to lease the mill to him, but he wanted a backer for £10. Was going to pay £250 for the engine by fibre. When signed agreement knew he was not going to buy engine then. The £5 rent wag made to cover use of engine as well as mill. Admitted all accounts for which receipts are produced. Did not go to see Perreau ! after he got the statement and prior to being sued. Philip Hencessy deposed that the items of four accounts had been paid. Frederck Hatfield deposed— As far as he lsnew Anderson wa3 to buy the engine and pay for it out of fibre. There was to be so much rent per week, £8 for mill, £2 to Barber and £1 to Wilson. The other £2 was to go to pay off the engine. Cross examined by Mr Fitzherbert — The conversation wa3 in November. Was brought over from Shannon to work at the mill by Anderson and possibly after he had made arrangement with Perreau. E. Forman deposed— Remembered meeting at Anderson's house. Agreement was that Anderson had to turn out so much fibre to pay for the engine. C. Anderson deposed — He was present when Perreau and bis father were calculating the cost of wages, &c. He understood the engine was to be bought for his father, and fibre to be used to pay for it. On Sunday before Xmas Perreau mentioned he had had a buyer for the engine, and had he another engine he would have sold it. His father asked " Haven't I bought the engine ?" Perreau said " No." Cross-examined by Mr Fitzherbert —Knew Porcy Collins had lease of mill at time. Could not say what his father said. The case was adjourned to Palmeratcn to 80th April.