R.M. COURT, TE AWAMUTU.

Waikato Times, Volume XXXIII, Issue 2683, 21 September 1889, Page 2

R.M. COURT, TE AWAMUTU.

Wednksday.—(Before Captain Jackson,

R.M.) Tolk v. Hunter.—This was an action brought by Mr J. L. Tole against Mr W. J. Hunter, auctioneer, to recover £28 3s 3d retained from plaintiff by defendant. Judgment was reserved from last Court day (21st August), on which day the hearing lasted 11 hours. Mr J. A. Tole then appeared for plaintiff, and Mr 11. W. Dyer for defendant. The defendant contended that he was entitled to retain the £2S 3s 3d, on the ground that the debt had been incurred by an agent of Tole's—one Hugh Coll. Mr Dyer now appeared to receive judgment, which the R.M. delivered in writing. The R.M. held that there were four distinct statements of account between plaintiff and defendant, in none of which the items now in dispute appeared, and that no evidence had been received to show that Tole was liable for Cell's debts with Hunter. l/Vom Hunter's accounts it appeared that on the same day Tolo bought two horses for £15, and Coll two other horses for £!> .ss, and that the items had been debited to the respective separata accounts of Tole and of Coll. Letters were also produced from Hunter to Tole, asking if Tole could furnish Hunter with Coil's address. The law points raised by Mr Dyer the R.M. held did not affect the case. Judgment for plaintiff for £28 3s 3d, and costs £5 10s, less amount paid into Court by defendant. Several small debt casea were also disposed of.