RESIDENT MAGISTRATE'S COURT HAMILTON.

Waikato Times, Volume XXX, Issue 2450, 24 March 1888, Page 2

RESIDENT MAGISTRATE'S COURT HAMILTON.

Thursday.—(Before Captain Jackson, R.M.) ILLEGAL DISTRAINT. Chas. Hinton v F. and J. Forrest and W. G. Collins. Mr Gresham for plaintiff and Mr W. M. Hay, for defendants. This was an action brought to recover the value of a stack of oats (about six tons) the property of plaintiff, which waa alleged to have been improperly sold by the defendants amongst property and chattels belonging to Job Hiuton which had been distrained upon for, arrears of rent. It was stated in evidence that the plaintiff rented a sixteen acre paddock from his brother Job aud laid it down in oats, which had been harvested aud stacked for hay in au adjoining paddock. Forrest had put the bailiff, Collins, in possession of ths farm and seized the stack with other effects, although duly warned it belonged to defendant, and had sold it. After the sale, it was also stated, James Forrest had offered to square all claims for rents due and had tendered Job Hinton £5 on condition that he was released from any claim that the defendant might make for the value of the stack. This Job Hinton refused to entertain and Forrest wrote the next day increasing the offer to £11. The examination of the principal witness Job Hinton, and cross-examination by Mr Hay occupied nearly tho whole day. It was denied that any partnership existed between the brothers Hinton, although they dealt with each other and mutually assisted one another in business matters. The evidence showed some curious complications and utter absence of business knowledge between them, which rendered the case rather confusing. The hearing was postponed till 4th April,