R. M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3781, 9 April 1891, Page 3

R. M. COURT.

MASTERTON—THURSDAY. (Before Col. Roberts, 8.M.) Civil Business. Smith and Hogg v. W. H. Wilton. —Claim, £1 10s for advertising. Mr Pownall for plaintiffs. Judgment for amount claimed, with costs 63. Same v. C. J. Trapp.—Claim, £6 158 for advertising. Mr Pownall for plaintiffs. Judgment for amount claimed, with Court costs 21s and solicitor's fee 21s. Same v. G. M. Newson:—Claim, £B. Mr Pownall for plaintiffs. Judgment lor amount claimed, with costs lis. Samev. J. F. Toeker.—Claim, £5 4s 6d for subscription to paper. Mr Pownall for plaintiffs. Judgment for amount claimed with costs. Same v. Conolly and Hermann.— Claim, £4 for advertising. Mr Pownall for plaintifis. Judgment for amount claimed, with Court costs 9s. M. Caselberg and Co. v. Thos. Barker.—Claim, £lO Is. Mr Bunny for plaintifis, Judgment for amount claimed, with Court costs 10s, 3nd counsel's Is. llenry E A Collier.—Claim, £2 4s 4d. Mr Beard for plaintiff, Mr Pownall for defendant. Henry Cole, sworn, stated that he had lent a trap to Charles Collier for the defendant, for which he had charged £l. He liad also sold him certain fish. Accounts had bean rendered, but the . amount was still owing. Mr Pownall: You say you have •eat in an account for the fish. Witness: I have. Mr Pownall: And for the use of the trap? Witness : I believe so. Mr Pownall : You believe so. Will you swear you sent an account ? Witness: It oan easily be seen by mv books. Mr Pownall: Where are your books? Witness : At home. - Mr Pownall: 1 will ask that the case stand down to allow the witness to. produce his books. I have reason to beliere the account has not been sent in. . The Court was then adjourued to allow the witness to procuie the books. On resuming— Mi* Pownall: Produce the entry. Witness: Here it is. ■Mr Pownall: When was this entry made ? Witness: I don't know. Mr Pownall: You don't know. Who made the entry ? Witness : I can't say. Mr Pownall: who made the entry ? Witness: My wife. Mr Pownall was not the entry made just now ? Witness: I don't know. Mr Pownall: Now, come, did not your wife make the entry this morning? Witness I don't know. All I know is Collier has got the trap. The Court: You must answer the question. Mr Pownall: The ink on this entry is hardly dry. Witness: The entry was, 1 believe, made by my wile this morning. Mr Pownall: Before the sitting of the Court. Witness: Yes. Mr Pownall: Well, that's something to know, r In further examination the witness stated he ■would swear a written account was rendered, and could not aay the £1 was shown. Knew Collier was* carrying on business forhis brother,becaase his brother's name was on the window.. At the time he borrowed horse and cart he told him that he was being backed by bis brbther. _ To Mr Beard: Made a deal with C. Collier for a horse some time ago. Collier sued for the balance of the account. Charles Thomas Collier, Carrying on business on behalf of E. A. Collier, admitted owing plaintiff the sum of 10s 6d. He hnd never received any intimation that - t he owed Cole anything unfit he received a 'summons. Borrowed a horse and cart in Augußt 1889, but was not at that time carrying on for his., brother. .The horse Bud cart was lent to him in return for certain odd jobs he had done. Only had it about three hours. On another occasion borrowed a cart and harness from Cole. The horse bolted and damaged tfye cart. He paid Cole for the damage, but no claim was made for hire/ Offered to settle accounts on the 27th February, f* 1 bu« he-would not settle. Cole's wife lent him an oyster tub on one occasion which he returned in due time and placed on Cole's counter. Cole would not take it but demanded 10s for it. To Mr Beard : It was not a proper oyster tab, bus simply an old tub cut down. Cole would not accept it.when he returned itj -'and told him to take it away. Did not recollect whene the ntry in the. book was made'..; The account he received was for 245. Paid for the cart by way of a deal. Gave Cole a horse, and owed him a pound as the damage was estimated' at £7. Cole told bim h& need not hurry in paying. . . . Judgment was given for plaintiff for 12s lad costs. :H. Hoffman v Judd Bros.—Claim, ' 'This was l an action brought to recfj>ter£s, damages alleged to have been caused by defendants' falling a tree on%eir property and destroying potatoes belonging to and their sheep in trespassing on plaintiffs ltmd. ■■ Mr /Beard for plaintiff. Mr Pownall defendants. The case was proceeding as we went topress.