R.M. COURT.

Wairarapa Daily Times, Volume 4, Issue 1029, 22 March 1882, Page 2

R.M. COURT.

FEATHEBSTOtf.-TUESDAY.

f [Before H. S.Wardell, Esq., R.M.] Riddiford v Pharazyn.—This caße :Was resumed yesterday. Mr Horsburgb, re-called, urangweirto Mr Beard: ) The charges made \by• Mr Pharazyn in his Bet off-are 4 'iair'ones, Every'time the sheep three men were with them who stayed one or two nights. In storing my wool my man was always present. I have received accommodation at White Bock, I have stayed throe or four days at a time in landing and Btoring our goods, A fair oharge for stopping on a station was 2s per 100 flheep, 8d per head, %.- cattle, and for men 1b 6d per meal, \Jt Is for bed. Defendant deposed .that in' 1880, plaintiff said ho would charge for landing Stores 'it I Te; Awaiti, defendant, replied' V you have had accommodation from irie 'for tho last 30 years so I think I have an account to settle with you, if you have a- charge t'i make send it in." Laet uionthdofendant sent in the present account,;. On the 7th February last there was ibnjy 50^'tons charged, £2b ut. year was a very "small charge for the accommodation afforded to Mr Biddiford and his men!' Defondant 'had had a great. deal'.of 'experience in landing goods on the .beach,'and- tliought one man oould carry, to. the,'shed,'fiv6'tonß To Mr Beard; The,set off.is.a-faif one. Since 18711 have; sent three,tmobs of sheep to "Mr Riddiford's station',.|.;''' In., summing up,jh'e Court saidat had l no-rtßßitatioi» toßtalejthatinjtVppinion the service was at rendered gratuitously ~but that .early-m'1879 Horsburgh was informeil-that!hej'would be charged for itj ; aiid, to tliis lie cpnsen■ted. fFront thpOoiirthela that the Dlaintiff'was entitled, tp recpver.a fair and reasonable amount for the' services rendered in landing and storage., Tho setoff was not, in ite opinion, legally recoverable, It appeared, to be pearly for accommodation voluntarily;, - and .gratni* tonsly offered, and,acceptedi'asisuqh, no 'thought of charging,f/«;it in tho mind of the defondant uinil the claim made since, while written notice that plaintiff would be charged for the future had been given to him. The Court therefore disallowed the set off, and gave judgment for the plaintiff for a fair and reasonable amount. Taking into consideration all the circumstances, it allowed 7b Gd per ton for goods received and delivered to date, amounting to 91 tons, which with wool and timber came to £49 5s Bd, and coats i' 4 ss, and .witnesses expenses £13155, Mr Board gave notice of appeal on the ground that the Court held that the set off could not be legallyirecovM'ab)o.(j -1\ , John Nicholls v John Driscoll.— men t summons, £9O 19bv; Or/ler made for payment in 14 days with tho usual alternative of imprisonment, Constable Smith v John Walsh.— Drunk and incapable, Fined i'l. and costs. • ' ''"v 1 W. Toogoodv Hathaway.-Debt: £ll 10s. Judgment for amount and costs;:/i _ : ' .:::;<><: