R.M. COURT.

Wairarapa Daily Times, Volume VII, Issue 2004, 1 June 1885, Page 2

R.M. COURT.

MASTERTON.—THIS DAY. (before H. A, Stratford, R.M.) Guritev Laureqqj;.—Claim £lO 6s lOd. Mr Bunny for plaintiff anrl ]ftr Skipper for defendant. The parties had worked together as partners at Mr Buchanan's, and plaintiff claimed the amount as a balance owing tq fyin). fpr working a month longer. Blafiitiff, J)eli)g^qr f |, said that upon tl)e compfetipn .of (J;? cqijtract tjjey were pajd half eacl), and he njade qijt a gtsjte: ment of their accquntij an<J 'sliqwet} "it 'to defendant, He liad singe Jqgt jt. They were making £2 8s 2d a week, ' On' ojpj occassion defendant was absent twelve days, and he was also days sick. Defendant told him he would give him fcliq jmount due as soon as he had got change, He y/asj to pay nearly £B. All the other items in" th'o bill ,qf particulars were included in the amount' mentioned. Defendant promised to meet him in Masterton, but did not do so. Each man had $ tqta) qf £45 14s. Two days after defendant /eft, jjaw jjjnf in Wellington, when lie again to pay, Tq Mr Skipper; tfe 4i4 not gi've'^efendanji a copy pf the accqijnt, and never went through the items with him .qne by ono, Ho hw the paper, One qf the items was a pair of trousers, bought for one Hoffman, for which he had paid, and defendant owed him 8s 6d towards them, He had been away a day, but had gone away for stores, Joseph Hoffman gave ovidenoe, but could not say how much had been deducted for the trousers referred to. Defendant had told him that he had offered plaintiff £6 for the time that he was away, when plaintiff had frightened him. For the defendant, Mr Skipper claimed on the ground that the plaintiff's evident (jljat a statement of accounts had boon agreed lipqi), WBvJ not corroborated.

Frederick Laurenot, defendant, sworn, said: Plaintiff did not show him a statement of accounts between them. The first time he saw the account was when he yas served with a summons, and the ftWWjt TO attaphecj, He left off work on account qf pja|hti|' asoajilfo hjm, He would have taken o!}t a sun)ij)b|sfpr .tjie ftSß&ult, but had no money, JJe was jn partnership with Gurito for the iqb, and did not consider he ought to pay ./or being away from tho contract through the fault of Gurite,

By Mr Bunny: After tho contract, Mr Buchanan paid them each equal amounts for the work. He did not acknowledge owing Gurite any money, but out of friendship he offered to pay him £B—that yas because Gurite had him by the throat anijl tfpafened to kill him if ho did not pay lipn. .Tjhafc yap three weeks afterwards, in \Jelijngj:o]i. Jle remembered telling Hoffman that hQ liafy offered Gurite £6, but he di<J ppt acknqwleijge pwing it to him. Plaintiff droye ])i® away, and he was bad for twelve days when he went back, Plaintiff had knocked him about more times than one in the bush. Plaintiff was non-suited,

His Worship declined costs as he looked upon it that the man had stopped away 12 days to punish plaintiff for assaulting him, which was not tho ripht thing to do.

Michael Dowling v. Wairarapa East County Council, adjourned from May 18th. Mr Bunny for plaintiff. Claim 2| days wages, '

Micjiael Dowling, plaintiff, recalled and sworn, said the claim was for work on the Mungapakelja roa4 in Ifovgmber last. Murdoch McKenzie employed him. He worked 8|- days and was only paid for six. His Worship said the case was adjourned for the production of Mr Mackay, and for that purpose only. Mr Mackay was' called, but did not respond. For the defence the Clerk of the County handed in a receipt, being a full clearance for the month of November. Plaintiff said when he signed that receipt that he had a further claim of 2| days work. McKenzie made up the time as overseer.

The Court then read the evidence of Mr McKenzio taken at tho last sitting. His Worship said: The plaintiff is nonsuited, and if he bringsthe case before the Court again he should ask two J.P.'s to hear it. The case was adjourned for a special purpose at the request of plaintiff, and he has not taken advantage of it. F, G. Moore v Isaac Allen.—Claim £1 10s, County rates. Defendant pleaded not indebted, Plaintiff produced the minute book of the Council, with resolution to strike a rate, and a copy of tho Wairarapa Daily, with due notice thereof, also the copy of the valuation roll, showing defendant's name as occu-' pier of section 19, Waipoua, on which tho rate of M was struck, amounting to £1 lOd. ' Defendant asked whether he was entitled to pay this rate or not, as he had the property under an agreement to only .pay the Road Board Rates. His Worship pointed out to defendant that his only redress was before the Board of Roviewors, Tho Court had no alternative but to order payment. Judgment for amount and costs.