R.M COURT.

Wairarapa Daily Times, Volume XI, Issue 3549, 30 June 1890, Page 2

R.M COURT.

EKEFAHUNA.—FRIDAY.

(Before Colonel Boberts, R.M.) , A Smitli v/ Bftmuel Hounslow. Mr Gould for plaintiff, Mr Tosswill'.for Official Assignee. Claim, £lO for ' wages. _Mr Tosswill olaimed a non*; suit, -which was opposedby Mr Gould' on the ground that aaJthe 'defendant. bad filed the Courtbadno jurisdiction. ■ The case was ndjgurned, 'plaintiff ' to' t pay dopk/ ' \ ' George Edwards v.P Carr. r Claim,' £4 Is 4d, for goods delivered, :The - amount was disputed. Mr Gould for plaintiff, : ; Plaintiff deposed to delivering all • ■ meats, excepting one piece on the r ' 12th £4 Lad been paid on -" account. Had sent in the bill- regu* ■ larly, which was not disputed until theendof the last contract. ■

a Defendant, sworn,'stated he told s plaintiff that when lie left the Alfred- . ton road lie Would not be responsible ' i for any meat that he left thore. 3 Plaintiff said allright, he would make -' t arrangements. • f : By Mr Gould: There "was no one i present when 1 told hiin to stop ■ 9 deliveringmeat. > j . On this evidence plaintiff was non*j suited;:, 5 James; Jones v. A B - Eawsoa,: i Claim, £9 Bs. Mr Gould for.plaintiff, < I Mr Tosswill for defendant. The ' • , aocourit was not disputed, but the i defendant olaimed a setoff of £8 as / . professional fees for valuation of land - 1 and negooiating loan' for plaintiff in i February lash ■ ; Plaintiff disputed the set ' ofL ■ - I Defendant, sworn, stated that in ;; i February last Mr J Jones requested '- • him to try and get a loan of £270 on ; certain property atEketahuna,After* -i 1 wards Mr Jones Went to the i party and raised the loan. On the transaction he olaimed commission, - 4 • He bad made several attempts- to : raise the money, and at last saw Mr '' > i Woodroofe. He then valued the " property. *He tried toraise-money". ; i in Wolnngton, but did not ■ succeed ■ there. Mr Woodroofe seemed; satisfied at his statement of the value of the property and would lend some* ' thing like £250. Met Mr Jones immediately alter at his door'and.' explained matters ; to t him, . Heard" • nothing further until he heard that ' Mr Jones had gone to Mr Woodroofe < and arranged the'loan/andMeft him ■ to assume that he was not going 6a with the affair. His claim of £8 8s was moderate/ - > % (ljj 1 By Mr Gould: Did not give -Mr' 1 Jones money at that time. •< Did; not he went to Wellington that Mr Woodroofe had money to lend. f Told Mr Jones that the lady he expected to get the .money from 1 disappointed him, JVent> to Mr Woodrooffe about a week after to ask ' himtho amount 'he had lebt Mr ' Jones. sworn, deposed he „ applied. to Mr : Bawsoil to-provide - s "

' hiin bo (witnoss) wanted to morrow. Ho said he was returning to -Master, .ton in a day or two,' and would got the money for him. He*. said lie knew about the property 1 aa lie, bad surveyed it. Saw him after at his office, and be said then that the person who be expeoted to ,get. tho money from bad' disappointed bun. Told him tliatbe badledhimapiei y dance, as be had to meet tho Bank, Rawson said he could not give the amount of money on ; tho, proparto he wanted. Told him he must havy the money. .He tbon said ho would hare another try. - Saw him ngaiu-, when lie asked if two amounts would do. Replied that it would not, as it ' would oause two mortgages, He said he could not do any more in the matter. , Ho (witness) left it , then in his - father's ■ bands. His father had something to do with the property. 'v;,'-:-v By Mr Tos?will: Do not remember asking my lather to go to Mr WoodW roofife. Mr Rawson did mention Mr ■ Woodroofe's name once about, the loan, but he did not tell me be had seen Mr Woodrooffe, > By the Bench; Woodrooffe's name was mentioned, but it was with other matters about the loan.' By MrTosswill: SawMrßawson. . Was not sure that I saw htm moro than three times. I don't' think I instructed my father to go to Woodroffe. My father got the money, £225 fromlu'm. s George W. Woodrooffe, of MasterWon, depisid; I know, the Jones', father and son. I I lent Mr Henry Jones £230. on the 4th April. The firat'conversation I had was with Mr Eiwson. ' He said that he wanted to borrow some money for Mr Jones; of Eketahana, £270." Told I bim had not got that sum.- Saw him on another occasion, when he told me that the money I bad £225, could not be accepted, That was all the conversation I had with Rawson. I afterwards saw Mr Henry Jones, who told me that lie wished to borrow £270 on the property at Eketahuna. Some time after Mr H. Jones called %on me and said £2BO would be ; I would not have lent the money' but that the father went as security. Mr fiawson did say the value of the land was good security. That was weeks before l lent the money. • By Mr- Toaswill : It was at my suggestion that Mr H. Jones' name was put in the security. MrEawson told me the area of the land. I *Jiad no dealing with the son. Neither bad I any'dealings with Mr Rawson. I only dealt with Mr H. Jones and Gawith. Re-examined by Mr Gould: I had no dealing whatever with MrEawson. By the'BenobOnly loolp to Mr Gawith as the loan. Mr H. Jones, sworn, stated be borrowed from Mr Woodrooffe the sum of £2BO, by oheqne. He went with bis son to Mr Dawson's office to see about getting a loan.' Mr Rawson said be had applied for the loan but was disappointed. Saw Mr Rawson afterwards, who' told bim he woutd do nothing further about the money. Asked bim if he knew anyone wbo would lend. He said possibly he might get it from Mr Woodroofle. Went to Mr Woodrooffe and arranged for the loan.' His son was with him Vwben he signed the deed, - / Br Mr - Tosswill: It is my son's but in my name, My reason for speaking to Mr Woodroffe was beoauße Mr - Rawson mentioned his name, V T>llr Woodrooffe, recalled by the Bench, said Mr ..Skipper gave him the first notice that the money was wanted, and then Rawson spoke to , bim. It was Mr Gawith who solely olinohed the matter, : ' ' Counsel for plaintiff and defendant ■ addressed'th") Benoh. • The Court adjourned for a few minutes, and on returning the Bench decided to allow the set-off, with costs. , Mr Rawson applied for, his expenses, stating be bad come all ' the way from Masterfon to defend this case. He considered it very, hard that be should not be allowed expenses, seeing that they would come to the amount claimed. His Worship intimated that it was not the practise of his Court, ■ and therefore be should not allow it,