R.M. COURT, HAMILTON. Wednesday.—(Beforo Mr H.W. Northroft, R.M.)

Waikato Times, Volume XXVII, Issue 2220, 30 September 1886, Page 2

R.M. COURT, HAMILTON. Wednesday.— (Beforo Mr H.W. Northroft, R.M.)

CIVIL CASES. Elliott v. T. Hill.— Claim, 15s ; Judgment debt. Ordered to pay the amount by 4th October, or go to goal for 14 days. Dky and French v. Joseph Clark.— Claim, £15 17s, dishonoured promissory note. No defence. Judgment for plaintiffs with coats, £2 7s. A. Bach v. John Anskll.— Claim, £37 18s 6d, for board. No appearance of defendent. Judgment for plaintiff with costs, £5 Is Gd. Same v. Henry Missen. —Claim, £1 2s Gd. Defendant admitted the debt, and promised to pay as soon as able. Judgment for amount with costs, £1 13s. J. S. HINTON Y. H. H. CHOLMONDELEY.— This was an action to recover the sum of , £50 paid as a deposit for land in 18S4, plaintiff being at the time an infant, and had never had possession of the land. On coming of age plaintiff gave notice to lescind the contract of purchase, and claimed the amount of £50 with interest at the rate of 8 per cent, per annum, less a sum of £3 12s 6d, paid by defendant since 1884.— Mr Hay appeared for plaintiff, and Mr O'Neil for defendant. — Sarah Ann Hinton, mother of plaintiff, deposed that plaintiff was born September Bth, 18G5. Jasper Hinton, the plaintiff disposed that in November 1884, he went out to Mr Cholmondeley's place at Morrinsville. Defennant offered him land at £3 per acre. His brother agreed to take it. On the 17th went to Mr Murray's place to meet defendant and my brother and Mr Cholmondely. My brother did not come. I gave Mr Cholmondely £.M) for the land, and he gave me a receipt. (Re ci*ipt put in.) I paid him with a cheque of Mr Gould's. 1 saw my brother on the2obh, who refused to take the land. I saw defendant on *,he 2lst. I .asked him for my money back. He said he would not give it to me then, but would do so some day. 1 did not take any steps to get my money back. The amount I now claim is £53 14s Bd. Two year-! afterwards when I ciirne of age. I asked defendant for the money, telling him I was of age now. He told me he wan going to give me interest on the money. My brother, in my presence, told Mi Cholmondely that he declined to take the land.— Cross-examined: My brother was interested in the land. He was going into partnership in the land with me. He w.i» m.ire interested in the land than I was. T paid the. money myself of my own free will to defendant. My brother and myself made, the arrangements on the 16th, one of which was that my brother was to occup^ the house. He left his things there. I r was at my brother's request 1 t'»ik the £50 to defendant, Cholmondely. I don't remember defendant saving that as T wa«unijer ago he must dwl with my brother, and my brother and [must make <>ur own arrangement-, with each other. T believe mv brother asked for thedcp-)- it back. Defendant said he had been put to expense and trouble, and would forfeit the deposit. When Mr Chulmondoly gave me the £3 12-* G.I, he sud ho gave it to me as a present. I thought in my own mind it was interest, but I did not tell Mr Cholmondely so. He told me before that that he did not admit that he owed me anything. — Re-examined : I did not put any of my things in the house on the land, nor did I go on to it. The £50 was my own money. My brother Job had no interest in the money. When he asked defendant for it he asked on my behalf not on his own. — Job Hinton deposed to agreeing to meet his brother at Mr Murray's at Waitoa on the 17th. I went, however, on the 20th, and saw Mr Cholmondeley. I told him I would not take the land. He said my brother Jasper had paid the deposit of £50. Defendant refused to give back the deposit then, but said he would put it in the bank and give it us some day when we knew the value of money better. — Cross-examined : I left something in the house. There was nothing on defendant's part to have prevented my brother and myself going on to the land. I never said to Mr Cholmondeley he might keep the £50 as a start for him. I said to my father, if Mr Cholmondeley is mean enough to keep the money let him have it.— F. W. Browning deposed to meeting defendent as he was going to Ohaupo, and in conversation he said to me: I am going to send some interest to you for Jasper Hinton. On previous occasions he said that he would return Hinton the £50 when he knew the value of money better. — Charles Gould, of Piako, deposed to Jasper Hinton being in x his employment. Had paid him a cheque for £50 about two year.s ago, part was due to him, and part was an advance as he said he and his brother were going to buy land. Defendant led me to believe that he meant some time to give the money back to Hint >n, less the expense he had been put to. — Mr O'Neill claimed a non-suit on the ground that Jasper and Job Hinton were partners in this transaction, that Job had taken possession by putting his goods in the house. The Court held partnership had not been proved.— Hugh Heber Cholmondelev deposed that when he was staying at Mr Murray's, Jasper Hinton and told him that his brother Job wanted to buy a piece of land, 146 acres. I offered it at £3 5s per acre. He said he was I going in with his brother in the purchase of the land. I told him that as he was under age I could only deal with his elder brother Job. I ordered the land to be surveyed by Mr Pavitt. I told the boy's parents if they did not wish them to have the land I would countermand the order to have it surveyed. At Douglas' sale I saw Job Hinton making a fresh arrangement for less land, to be paid fur £00 down, and the balance worked out at 7s per day. On the 17th November, Job Hinton came up, went over the land, and left some of his things in the house. Later on Jasper Hinton came to me and said "My brother Job has sent me to pay you the £50." On the 20th I met Job Hinton, and he told me he was not going to take the land. I told him Jasper had paid the. deposit. I saw the brothers at their father's house on the 21st, when they said they were not going on with the contract. I told them that as I had been put to considerable trouble I should retain the £50, but I would not say but that when they came to know the value of money better I might return them some portion of it. I never gave either plaintiff or his brother to understand that I was going to pay interest. When the plaintiff came of age he called and a'.ked me for the money. I refused to pay it. He asked for inteiest. I distinctly gave him to understand that I considered I owed him nothing. I gave him £3 12s as a present. I recollect the conversation with Mr Browning. I said I had some money to send him for Hinton. I don't recollect using the word " interest."— Edward Young deposed to seeing Jasper Hinton with Mr Cholmondeley. The latter gave him some money as a, present. — The Court held that the defendant's contentions were not borne out by the evidence, and gave judgment for the full amount claimed, with costs, £9 145.

Mr John Knox will sell at Ngaruawahia, on Monday next, at noon, in the insolvent estate of Thos. McDonald, allotment IG9, suburb of Newcastle. Messrs W. J. Hunter and Co. will sell at Cambridge on Saturday next, the 2nd October, fat and store cattle, dairy cows, sheep, fat cows from Pukekuva ; also, oats, fowls, pigs, and 50 useful horses, including the burdie-racer Jo. On Tuesday, October sth, they will sell at Ohaupo, 500 good cattle, us per list in advertisement, fat cattle, crossbred ewes, with lambs at side, &c, &c. Messrs Stewart Dawsrai and Co.'s new premises in Queen-street, Auckland (opposite the end of Wyndham-street) are daily and nightly attracting crowds of sightseers. The firm is to be congratulated on the novel, striking, and tasteful way in which their new establishment has been planned and fitted up. So attractive is it, in fact, that no one can pass by without being compelled to stop and inspect the magnificent display of watches and et ceteras so temptingly sot out. On Saturday night the place was like a fair, crowds of people jostling each other in their efforts to see 'the show,' which, indeed, is one of the sights of Auckland. Messrs Stewart Dawson and Co. have earned a great reputation for honest dealing, first-class goods, and low prices, and there can be very little doubt but that their enterprise in fitting up their new premises in the attractive way they have will meet with its reward,