S.M. COURT.

Taranaki Daily News, Volume LI, Issue 181, 22 July 1908, Page 4

S.M. COURT.

Judgment for plaintiff by default was given in the case of Sydney Nordeii v. Samuel Ernest Gray, u claim for XUi 17s, coats XI 10s (id. In the judgment summons case of William Sielmlls v. dames Arthur Cul]iit, a debt of XI Ills, the judgment debtor was ordered to pay the amount within a week, in default'.seven days' imprisonment. His Worship delivered judgment in the ease of John Shcehy, of Okau, storekeeper, v. Henry Knight, of Okau, fanner, which was heard at Wailara last week. The claim was lor Cl 3 ss, made up as follows:—Honey alleged to have been paid by plaintiff' for defendant at the hitter's request, on duly 18th, 11107, ,tl2 10s: interest on same to date 15s. t'laintili' claimed that defendant had authorised him to have (SO acres of bush felled at 25s per acre, that the bush had been cut, and the workmen paid by him. The defence was that defendant had authorised plaintiff to have only 50 awes cut and that all the bush bad not been felled. .Defendant had paid for the 50 acres which he alleged had been cut. His Worship found from the evidence that 50' acres had been cut and gave judgment for plaiutill' for XI i 10s and costs .Cl 3 lis !)d. llis Worship i remarked that plaintiff, while acting as

agent for defendant, had been very negligent. The claim for interest was disallowed. -Mr. AV. Wilkes appeared' for plaintill' and Mr. T. S. Weston for de fendant.

John Blake,, engine-driver, of Carrington road, sued Adam L. Mclveo, of Oinata, and Samuel Flay, of Mangorei road, contractors, for wages alleged to be due. Mr. Gray apiiearcd for the plaintill'. and Mr. Hughes for defendant. The plaintill' had heeu paid £ll 7s, and now claimed the balance, £5 IDs Od. He had been engaged in working at a steam hauler at 10s a day. He worked 270 hours. The defence was that the plainlilt was engaged at 10s a. day for driving | two engines at the mill, and that upon being put in charge of the hauler the wages were reduced, by ■consent, to eight shillings a day. This was denied by plaintiff, who said he was to receive the same wages on the hauler as in the mill. The S.M., after a lengthy bearing, said the whole thing was in a nutshell. A contract was made, but the defendants hold that it was varied. That the defendants had to prove. To his (Mr. Fitzherberf's) mind it was quite ridiculous and unreasonable to expect the plaintiff to 'acquiesce to such an arrangement. Judgment was given for plaintill' for £4 18s and costs £1 12s.