R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3769, 25 March 1891, Page 2

R.M. COURT.

CARTERTON—TUESDAY.

(Before Col. Roberts, R.M.)

Thos. Kay v W B Allen. Mr Beard for plaintiff. Mr Acheson for defendant. Claim, £7 2s 6d, for wool and insurance on buildings on the Taratahi race course. Counsel for defendant objected to the case on account of the bill of particulars not being in accordance with the Justice of the Peace Act_, 1867. Counsel for plaintiff having replied to the objections the case was proceeded with, and the plaintiff stated his case, which was, that in 1887 the defendant agreed to take some 40 sheep from the plaintiff and shear them. The price of the wool was to be sixpence per pound. The told him that he had weighed the wool and it came to £5, and the balance £2 2s 6d was for insurance on the buildings on the race course, the defendant being tenant to the plaintiff and liable for the insurance. After some argument between counsel on the right of the plaintiff to sue for the insurance on the buildings, counsel for ihe plaintiff asked that the item for the insurance be struck out. Counsel for defendant objected to such proceedings, which objection was not upheld by the Court and the plaiatiff consequently withdrew the charge for noninsurance of the building. Judgment was then given for the plaintiff for £5 and costs, 14s, Solicitor's fee, 21s, any execution to be stayed till the Bth April, 1891.