MAGISTRATE'S COURT.

Taranaki Daily News, Volume LII, Issue 322, 23 February 1910, Page 2

MAGISTRATE'S COURT.

(Before Mr. 11. S. Fitzherbert, S.M.)

At the Magistrate's Court yesterday morning Webster Bros, claimed £7 iOs from J. J. Hills, farmer, „: Stratfo.d, and Peter Jackson, farm,,. 0 f Kaimat.a, lor grass seed supplied. Mr. StandUh appeared for the plainti;; s . Mr. Wright for defendant Hills and Mr. Grey for defendant Jackson. This was a case in •which Webster Bros, had claimed tilamount from J. J. niii s some four months ago, but were non-suited oww to the absence of a material witness! L. B. Webster gave evidence to the effect that he had supplied Jackson with grass seed to the value of £7 16s on •account of J. J. H ill ß . He forwarded the account several times to J. J. Hills who did not deny liability. Subset quently he met defendant Hiife in Devon street. Hills stated that he would settle with plaintiff as soon as Jackson paid him (Hills) some money he owed W. Defendant Hills, in the course of' his evidence, stated that he told Jackson to get the necessary seed at any of the three Stratford firms—Messrs Newton King, N.Z. Loan and Mercantile Co., or Young, Hobbs and T.o.—with whom he had running accounts. He did not authorise him to go to Webster Bros. G. M. Kivell, accountant for Newton King, gave evidence as to J. J. Hills having an account with his firm. The defendant Jackson, in his evidence, stated that Hills told him to get the se2d an Stratford if he could; and if not in New Plymouth. He obtained some from two firms in Stratford and also in New Plymouth. Hills had paid for • the Stratford seed, but not for the other, although he had refunded Jackson money paid for sowing the latter. Judgment was given for plaintiff against defendant Hills for amount claimed, with costs £2 Bs, and also £1 is, de- | fendant Jackson's solicitor's fee. . In the case of L. A. Nolan and Co. v. Hills and Jackson, claim £G 9s. Mr. Nicholson appeared for plaintiffs, and defendants were represented as in the previous case. Judgment was given against defendant Hills for the amount .claimed with costs £1 17s Gd, and 10s •Gd defendant Jackson's solicitor's fee. Emile Paul Victor Foueard, chauffeur, claimed £2 18s Od from E. W. Bond, proprietor of the Criterion motor garage, being £1 deducted from each of two weeks' wages and 18s 9d travelling expenses. Plaintiff conducted his own case, and Mr. F. E. Wilson appeared for defendant. Defendant admitted the claim, but counter-claimed for £IG for damage done to inner tubes an.l tyres of a car through plaintiff's neglect. After hearing the evidence of E. Edmonds, manager of the motor garage, and R. W. Bond in support of the counter claim, and also of the plaintiff, the Magistrate said there was no doubt great damage had occurred to the tyres, but it had not been proved that Foueard had been guilty of culpable neglect. He would therefore give a nonsuit on the counter claim, with costs Bs. Judgment was given for plaintiff for £2 18s 9d on the claim.