R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2816, 7 February 1888, Page 2

R.M. COURT.

Masterton-Monday.

(Before S. Von Sturmer, R.M.jV

A Furniture Account,

Wm. Whitt v. A. W, Hogg.Olaim, £2015 aßd for furniture, etc, Mr Beard appears 1 for plaintiff/and Mr Bunny for defendant, , The defendant admitted £l6 17s of the amount owing, but objected to the prices of the cheffonier £Blos, brackets 3b Gd, and nig 27s 6d, William Whitt deposed: I supplied the goods at reasonable prices. The rug was 27s 6d, and the brackets wera also reasonable, No price was agreed for the cheffonier, but the hearthrug : was ticketed with the price when, Bold, and Mrs Hogg made no objection to it,The cheffonier was a prize at the Show, No corapiaints have been made of the articles since delivered, ■By Mr Bunny, The book-case was ordered m»ny months ago, and Mr Hogg told me on one occasion that if I did not supply, it soon, I need not send it at all. This was a few days before I delivered it. the prize I received at the Show for tho cbeHonier was of no value, being simply " highly commended,". I could not have atlorded to sell the cheffonier for £6 10, 1 delivered it at Mr Hogg's house, but neither of tb«m were at home, only the servant was present. I would quite willingly lepair an article of furniture 1 make which has split or warped. I whs not told of the cheffonier being injured before 1 came into Court, I asked for payment of. my accuunt and defendant suid I was sharp m rendering the bill. The biackets were covered with cloth at 1U» 6d a yard. Mr Hogg tolc. me to take tho book case back wliru I gn\e him the account, He made no complaint that it had cracked, 1 asked tor payment of Mr Hcgg, at the Star Office- 1 asked hirti to givj a proniifl>oiy note, but he refused, and wd lie never gave promissory notes for his private accounts, 1 did uot at this time know how much 1 owed Smith 4 Hogg, John Foutbrop, in Mr Whitt's employ, dep'ised :-I think the cheffon ier is worth £Blos, The brackets are worth 3s 6d each. A. W. Hogg, journalist, swore: T1 e goods weie ordered to reduce Whitt's account, which had been owing in part for two years. I hardly expected to ever receive the book case, as 1 had ordered it twelve months befora. I looked upon it as a joke, as Wbitf kept telling uie it was always coining. Before the Show ho asked me to let I him exhibit the book case I laughed and said yes. In my absence the book % case was left at my house, A. week after, Whitt asked for a settlement. On January 12th, while this case was pending, we heard a report m the night like a cannon, and the glass in the book case was split from top to bottom, in fact the shrinkage was so great, that the glass quite overlapped. Next day when I wa3 in the room writing, I was quite annoyed, tbe book case was keeping up a mild cannonade and had split so much that a news* paper could be read through its back, Miaye never used it at all. Whitt never offered to take it back when I spoke about it, He merely smiled. Tlios, Jago, called by Mr Bunny, gave evidence as to the value of the tioods, He estimated the rug at 17s 6d, and the brackets at 2s 6d 'each, Tho book case in its damaged condi. tion, was worth £5 10s, originally it would be worth £6 10s.

Judgment was given for plaintiff for £l7 lla 10J (the Court allowing the plaintilfs cUira for rngut £1 7s 6d, brackets at 3s each and cbeffonier at jjAi; £510), Court costs 33s and solicitors r fee *JI« to lie paid by defendant, S. Wickeriden v. a. Brown.-Claim for rent, and for possession of a cottage. The evidence showed that plaintiff having got employment from Mr Eliins. re.ited his cottage and garden to defendant at 3s 6d per waek, ulso giving him seeds of vegetable and Becd potatoes on the understanding that the sued was to be returned out oftlw produce. The question whs whether the tenacy was a weekly one or did it extend for a longer period. The Bench held that although there was no proper agreement, the evidence showed that Brown reckoned on a possesion than-a Week's tenancy; Judgement was given for plainiiff by an ordiu* that the defendant givo up possession olihe premises on or before Uie 31sb iMnrcb next; rent in (ha meantime to Im paid.at the late of 3s 6'l n week, defendant io pay for cost ot order Si; no other costs allowed,, {fit' Mr ripard appeared for the plaintiff and Mr Bunny for the defendant, S. Barthitt v. F. Parker Claim £2 9s 9d, for various supplies, and damages cauced in connection with a 'j contract. Mr Pownall f or plaintiff, ' : Mr Bunny for Judgment was given for plaintiff for ]2s j Court costs Cs j counsel's fee 10 6d,