TO PAY OR NOT TO PAY?

Stratford Evening Post, Volume XXXVII, Issue 51, 31 October 1913, Page 6

TO PAY OR NOT TO PAY?

A CLAIM FOR GIG HIRE.

HOTELKEEPERS IN COURT,

* Robert Morrison sued Frank Rhodes at the Court this morning for £1 os, hire of a gig and services as driver. Mr Macalister appeared for plaintiff and Mr R, Spence for defendant. Robert Morrison, Toko, gave evidence that on. April 4th, 1913, defendant arrived by motor car at the Toko Hotel about 10.30 a.m. Defendant wanted to go up to Toko Road, huton re-entering the car after having a drink he found it would not go, and, defendant asked witness if he could hire.,hin(i a gig. Witness supplied the gig and drove defendant up Toko Road. About an hour and a half was spent at the settler’s place up Toko Road. A motor car driven, by a friend of defendant’s. was brought up and defendant returned in this. Witness got home about 2.15 p.m. Nothing was said at any time about the price to he charged. By Mr Spence: The service was properly entered in his hooks. He was

sued by Mr Rhodes two or three months ago and. paid the debt. Prior to being sued witness did not render an account to Mr Rhodes. . Mr Rhodes’ account was sent out about six weeks ago along with the rest of witness’ accounts. When Mr Rhodes sued witness witness did not counterclaim for the gig hire. Mr Rhodes was on a visit from Timaru and went up to Huzziff’s on Toko Road to look at a horse of his. Witness did not suggest the trip to Mr Rhodes. He did not keep his gig for hire, hut often hired it-’ouUon special occasions. He had hired it out' to one Cheer for half a guinea for a trip to Stratford. Re-examined: For six months before going out of business at Toko lie had rendered no accounts.

William Huzziff gave details of the visit to his farm. The whole party had dinner.

Mr Spence: Did you charge Rhodes or Morrison for dinner? Witness: No. (Laughter).

This concluded the plaintiff’s case and hearing was adjourned for a- week to enable a witness for the defence to appear.