R.M. COURT.

Manawatu Standard, Volume IV, Issue 250, 18 September 1884, Page 3

R.M. COURT.

i THIS DAY. ■ -• (Before ft. Ward, Esq., R.M.) ADJOUBNBD CABEB. The cases of Timply v.. Walkley, assault, and Paltridge v. Cook, alias Hopkins, both assault cases, were adjourned till next court day, owing to the parties being absent at the Wan- 1 ganui Supreme Court BEBAOH OF BOROUGH BY-LAWB. i Police v. Jackson, jour, charge of nding on footpaths on 28th August. Evidence given m support of charge. Defendant pleaded m extenuation that he had a "fresh" horse which was excited by the music of the band. Case withdrawn. . CIVII. OASES. Pascoe v. Allardice.— Claim, £23 11s. Judgment for amount and costs £4 Bs. Mr A. S. Baker for plaintiff. <» Estate of A. Eng v. Jno. Rol'o. — Claim £8 12s 4d. Judgment for plaintiff and cost 17s. ; Heaton v. Gate.— Claim, 17s Bd. Judgment for plaintiff and costs. ; Topping v. Mahuri (Native)— Claim, £2 9b 6d. Order made for payment within a month. G. J. Scott, Official Assignee, m Gammon estate, v. J. H. Anderriou. Claim £38 2s, for the supply of timber. . . ■ Mr J, H. Hankins for plaintiff, Mr Ot. F. Hawkins for defendant. John Jones, carter, gave evidence to carting the timber (14 or 15 hundred feet) and giving delivery to Mr Anderson from whom he had received his instruction. Cross-examined by Mr Hawkins. I got . no receipt, pill the timber alongside the road, had no ticket,. got k tho timber from Mr G-amman, carted from the mill to Bunuythorpe station. 2700 ft., did not sco Mr Gnmman there. Before arriving I go* stuck with the load, had to leave some of the timber behind me, t'was the last load I got stuck with. There were three loads, m all perhaps -200 ft I left behind,' was present when defendant and plaintiff had \ conversation about the contract. John Lane, carter :. Carted twice from Bunuythorpe lo Fitzherbert for Mr Anderson. First load I got from Gamman'a son, the second load I guessed myself (2 loads 1 500 ft.) Delivered timber at Fitzherbert. Timber also came down from Tionjem mill which I carted as well. Mr Bassj stationroaMer at Palmersten, produced the delivery book which showed the entry of the consignment of tho timber from. Gaiuman tv Jones, and the receipt of the latter as having received same. George Gamman, son of S. J. Gamman, took account of all timbers that Jones and Lane took away from the mill excepting one load; the load Lane took away while I was helping Jonas when he whs stuck and 1 afterwards forgot about it. S. J.»Gamman deposed: X cut,and delivered to Bunny thorpe station consigned to J. Jones, Palmerston North, two loads; shortly after I filed, I sent to Anderson to say I could not send any more to him by mil. He afterwards sent Jones and Lane who took the balance a way by carting. Told my son to lake account of all timber that Anderson sent for after this. Sizes of timber and quantities were I read from day book produced. The i load which Lane took and which my son did not enter, I have charged at 400 ft although I believe there was 600 ft. For the defence Mr Hawkins called Mr Anderson who stated his having taken the contract from the Road Board and arranging with Mr Gamman for the supply of timber on the understanding it should be delivered within 14 days', otherwise the order should have gone to Richterand Co., Gammon took the contract to supply the whole of the timber required for the bridge. T lost several weeks dry weather through the delay m the timber not arriving as agreed upon and was put to about £15 expenses. Cross examined by Mr Hawkins: Contract was made about 3rd March to be completed m two weeks the contract was broken from the beginning. Gamman sent to me to know if I could get Jthe limber carted, to which 1 assented. Could not help taking the timber ; had no remedy against Gamman for not supplying according to contract, . . . f Left Sitting,]