RESIDENT MAGISTRATE'S COURT. Before H. Kenrick, Esq, R.M. Tuesday, February 2, 1886.

Te Aroha News, Volume III, Issue 140, 6 February 1886, Page 2

RESIDENT MAGISTRATE'S COURT. Before H. Kenrick, Esq, R.M. Tuesday, February 2, 1886.

John Wood v. Moses Neal : Claim L 7 for grazing. John Wood, sworn, stated defendant's horses were in the paddock referred to when he took it over. Hi . charge was the same as that made hy the previous pioprietor. Had written several letters to defendant with respect to the horses The horses were still in the paddock. His charge was from the date of his taking possession of the paddock, May 20th, lcsBs, 35 weeks at 2s fdr two horses. Plaintiff produced d letter from defendant admitting the debt. Judgment for L 7, and costs 1 Is. Denis Murphy v. H. H. Adams : Claim L 37 11s 4d. The tctal amount of plaintiff's bill was! for L 49 6s 4d. L 32 5s 4d of which was for milk arid butter supplied between Aug. Ist, 1882, and Feb. 1885 ; the balance being in connection with timber ;yard, efco ; credit being given for Lll 15s contra account. Denis Murphy, sworn : The goods were supplied and work done as charged for, the whole df the items are correct. Defendant has never disputed any of these items. In December 1884 I gave defendant a bill for the amount tbert dvle L 32 odd. Mr Adams called me into the Battery dompany's office, put »',he bill down before me on the desk. t*nd gave me a pen. He had a stamp on the bill, and asked me ho receipt it. At that time he had a c'bntra account against me for Lll 15s. I gave a receipt for 1 this Lll 15s by giving credit for it on the bill. Just as I had done this Adams took the bill an! said, the leaat I could do was to strike out the rest, a*3 he had given me So much work for the Battery Company. I said I could not do this. He has never paid ;me dny money sirice. I haid written my narrie across the stamp on the hill, and was going to put either (i by cash" or " by cheque" for the balance due to' me, when defendant took the bill away fiom me. I have supplied items since ,* milk and other tilings. The bill I gave was for about L 33. I charged LL2 for minding timber yard. I used to get 10s per week from Mr Carr. The tim ber yard was Adams', but he told me ho did not want the County to know t!iaL, as he wis supplying timber to them, so it was in William Burton's name. I had no agreement with either Burton or Adams that 1 was to be paid, but I did the work. I measured the timber, kept the books, received mid delivered the timber, between 16th Jan. and 6th Oct., 1883. This Ll2 and Ll for carting two loads of timber to Te Aioha were not in the bill I gave Adams in Dec. 1884, as 1 thought Burton was -o pay this, but lie told me atterwar.is I must look to Adams for it. I have repeatedly asked defendant for it, and written him for it. I told him I would summon him. I sent my son once to ask for the money due. [Adams said he would settle on the Saturday following, but he never did. Other carters removed timber from the timber yard for Adams. I had no agreement with him to mind the yard in consideration of cartage that would be given to me. In reply to defendant : I cannot say how much timber I sold for you. I saved timber from floods for you. You gave me n6 receipt in full on the day I gave you the bill for L 32 and receipted it, 3 did get a receipt, for the Lll 15s for the timber I gave credit for in.' my bill. In reply to His Worship : 1 did not agree to give a clean receipt for my bill when I got one fiom Adams. Henry Hopper Adams, sworn y I can dispute the items' charged for milk,- also the Ll2 f6v minding timber yard. 1 received tin's receipt (receipt put forward in evidence With Murphy's na nte across the stamp) 1 from Murphy in return for' a 1 receipt I gave him.- When the timber was sent to' the yard Murphy agreed to look after it,- as' it was an advantage io him to hatfe it there. He did save a little timber from being lost by flood, but made in' claim against me. When his timber account was delivered at the time he gave his brll, \\t had a dispute about the atribtfnfc,' and he said "Well, you give me a clean 1 receipt and I will i(tve you one ;;J; ;J and 1 gave a receipt to Murp'iy for tirceber. I don't, £ link any ahiount was~n:un 'd at all 1 . I thinfc tW account for the timber" Was' in tlie books in' Burton's possession. I have'no check on the amount supplied since the bill was given. I told Murphy to take the two loads of timber to the Waifcoa Shipping Company, he did the cartage, an'd should have been paid by either the Waitoa Company or Burton, who Was my partner No sitch conversation took dace as mentioned by Murphy. He aever demanded payment of tue bill. Judgment for L 2's 11s 4d, with costs L 2.