PALMERSTON NORTH.

Manawatu Times, Volume III, Issue 35, 9 February 1878, Page 2

PALMERSTON NORTH.

TtttrasDAY, Fjbbbjta.by 7tbs, 1873:.

(Before. E.Wabp, Esq., X.M;.) " T. Nelson v. B Pepper Mr Cast f or, plaintiff Plaintiff sued defendant for the valueof a gun lent m June last, and never* returaed. • ' After- the maifcer had- been. carefully; gone into by the Court, j,adg;mjerit wa3; i given for the plaintiff for £3, defendant. ' paying costs. ; Whisker v. Thomas Browning; and . !- others (of Feilding). ; This case was for stealing nine head; horned cattle and one- calf's head» with* ear mark. : , Mr Cash appeared for defendants. ' After a lengthy disciuss.ion between, both parties,, owing, to the want of additional evidence the- Court decided nob; to dea^ with the case* and it w.as aceordt iagly'disiiaissed. - : .a \ .^-^ Mr Cash applied on behalf of dsfen--fendauts for restoration of' the hided,, and also for costs. The- Bench decided that the hides, should be restored, but refused costs. ; The Wanganuj & I^ngitikei Brewery v. J.E. Gilbert. ' The defendant m this case applied to, be examined at Palmerston. Mr Fitzherberb .represented the* Brewery Co. J. E. Gilbert,, beings sworn,, said : I did not give- any order to the- breweryat any- time. I informed the- BreweryCo. I could npt accept it. By Mr Fifczherbert : Xhad lioiconver-. sation with Mr Farrak about the beerwhen I first saw him. I am a shareholder m, the brewery ; ; I never was an original director. I never went to; town to attend any meet-, ings of the- Co. The first time I saw Mr Farrah was m my house m Palmer-. ston ; he requested me to take shares ia, the new Brewery Co. I agreed to. I. did not. say, I would take any beer at any time, neither was I asked to do so. I had not the slightest idea the beer r fwas coming, except being informed by a friend that the beer wa&on the wharf at "Wanganui. I believe-, the 8 hhds. beer are at the goods-shedi now. By Mr Fitaherberfc: I have written two letters to the Brewery. Ido not remember the contents. TJae tenure of my letters are the same asisiy evidence. The beer is now m the •G.overhinsiit-. shed at Palmerston North,, and is; ad-, vertised for sale. When I saw Mr Evans there was no understanding be^ tween us as to wy taking. baer from theBrewery Co. Mr Archibald Moinet, being sworn-,, said : lam traffic manager for the Foxton Railway. By Mr Gilbert : I remember 8 hhds Vt beer being consigned to you from Wanganui m August last. You refused to take delivery of the : beer, stating that you had not ordered it. Mr George Gottam, being sworn, said: I am station master at Palmerston North. I remember 8 hhds: beer coming fjom Wanganui on- tliie -i6fch August last. Mr Gilbert refused to •accept delivery o£ same, stating he had. " not ordered it. . By Mr Gilbert :. I know Mr Farrah,. of khe Wanganui & Rangitikei Brewery Co, He called on me at Palmerston ia reference to the beer r Me said that Mr Gilhe-rt had refused to take the i beer, and that he would try and get them off some other way; he also: asked me if he took them back m a day or two would! get the storage taken off for him. ? I said I thought not. By Mr Fitaherbert : Mr Farrah, aa. far as I oould make put, wanted the> storage feca taken off on his owa accouut.

Mr Gilbert, being recalled, said : The third time I was asked to take dclieery of the beer I refused, as previously. The storage on the beer at that time ■would be between £3 and £4 per hhd. I refused on that; account ; and also felt sure that- the beer, being so long iv tUe store, was unfit for- consumption. Costs of hearing paid by defendant, 80s. Adjourned to Wangaiuri. Clark Dunn v. W. Curnmings. Mr Fitaherbert for the plaintiff ; Mr Cash for defendant. This was a case- brought by plaintiff ■ to recover the- value of some cattle delivered to defendant three years ago. After a lengthy discussion, judgment was given for; the amount claimed, with costs. - Buller & Lewis y. Amos Burr. Claim, £.10. Defendant was ordered to pay £2 per month, or, m default, six weeks' imprisonment. Constable Gillespie t. J. Polter. The defendant was accused of using threatening language on the Ist of January last at Schultae*s Hotel, Awahuri. - The case was proven, and a fine of £2 inflicted, with costs, 12s j m default, days' hard labour m Wanganui Jail. l^Btichardson v. Ftyger.— Claim., value "^^3cwt: potatoes. Dismissed. J ; W. Liddell v. T. Goodisson.— Claim, goods supplied, £&. Adjourned ©ne month. : : ,\, . , i . Eandolpli & Walter v. Futle-r A Claim, £9- oo ld. Ordered to pay £1 per month. .Walton & King v. T. Marshall.— 'Claim, £$ 15s lid.. Judgment by diewith costs-, 10s.