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DISTRICT COURT., Ashburton Guardian, Volume 1, Issue 49, 17 January 1880
Thursday, Jan. 15. (Before His Honor Judge Ward.) On the business of the Court being called on, _ , The Clerk of the Court drew his Honor a attention to a paragraph in this morning’s “ Guardian. ” His Honor said he could not take any notice of the paragraph, as it did not affect the Court. Mr. O’Reilly disavowed, as far as he was concerned, any connection with the article in question. His Honor stopped O’Reilly to inform him that the matter was not before the Court. PETER V. FERGUS. Mr. Gresson for plaintiff, Mr. Purnell for defendant. Judgment by consent for amount paid into Court, L3O 11s. Defendant’s costs allowed. PETERS V. FERGUS. Claim Lllß 18s. 9d., for use and occupation of land as per agreement. Mr. Gresson for plaintiff, Mr. Purnell for defendant. On the conclusion of plaintiff’s case, Mr. Purnell opened the defence, and pointed out that the plaintiff had waived his claim to the rent. Mr. Gresson objected, on the ground that the defence v.'as not included in the plea filed. His Honor upheld the objection. Mr. Parnell then asked leave to amend his plea, and this was done. After hearing further evidence his Honor gave judgment for plaintiff for amount claimed and costs. PAULINO V. M r KIB. Claim LG7 10s., balance of commission on a sale of land. Mr. Parnell for plaintiff ; Air. Thomas for defendant. Mr. Pauling, farmer, deponed.—Before Christmas 1878, M‘Kie came to me and I asked him what he wanted for his land. He said L 3 10s. per acre. I asked if I got a purchaser, would he give 2|- percent, commission. He agreed to do so. There were 1800 acres near the Rangitata. I got a purchaser named James Boyd who is now in possession of the land ; .and I applied for my commission, but only got part of it. Defendant said the charge was too much, and I demanded a cheque but did not get it. About two months afterwards I got a cheque for LOO, and I subsequently took out a summons in the R.M. Court against McKie, and the case was dismissed as that Court had no jurisdiction. By Air. Thomas—At the time the contract was made I was working on the adjoining land. I think the transaction took place in the latter end of November. I had nothing to do with striking the bargain ; all I did was to find a purchaser. When I saw McKic I demanded a cheque, and would have taken a cheque for L9O if it had been paid then and there. I would have taken a post-dated cheque. Ho told mo the bargain was not closed then. I was afraid he was going to leave the country. McKie demurred paying, as he considered 2\ per cent, was too much. Elizabeth Pauling, daughter of plaintiff, deponed—l was present at a conversation between my father and AlcKie. The latter said he would sell out if he could get a purchaser. McKie said he would take L 3 10s. an acre, and my father said he thought he could find a purchaser. AlcKie said he would give 21 per cent. Aly father asked him if he was jesting, and ho said “ no. ” By Mr. Thomas—l was helping my father at the fence. I have been two or three years at school. I heard all the conversation. It was in the morning. I have never had any conversation with my father regarding the conrarsation on that day. I knew I was goi»UJhbe a witness. I know that 21 per cent, means 6d. in the £. Air W. R. Boyle, commission agent, gave evidence that 2h per cent, was a fair price to pay for land transactions. By Air. Thomas—Don’t think 2| would be a fair charge for a mere introduction. Think L9O a very liberal price to pay for the work done. Mr. Thomas, for the defence, pointed out that the plaint was for work, labor, and journeys made; and that had; not been borne out in evidence. That given by both father and daughter was so exactly alike that it was evident the daughter had learnt her lesson like a parrot. Mr. AlcKie, farmer, sworn—Am a farmer residing at Hororata. Held 1,800 acres at Rangitata. Pauling occupied land between Air Cree’s and mine. I had a coxiversation withhim,and toldhiml would try to sell out in a short time. He- said he thought he could find a purchaser. Did not then tell him how much I wanted for the land, that as I did not intend selling just then I would not make any bargain about it. Nothing was said about 2h per cent. The daughter was about a chain away whilst we were talking. The father stood talking' to me about 20 minutes. This was in October. Subsequently, about the end of November, I had another conversation with Pauling, and told him I intended selling iflconld get L3losanacre,andsaidafriend of his was a likely purchase.!, and asked if I would pay a commission if he sold it. He asked 2h per cent, which I said I would not pay, as I did not employ him to sell but only to introduce the buyer., No agreement was come to as to what should be paid. I told him if he wrote to his friend and the land was sold at the price mentioned for cash I would deal liberally with him. Air Boyd came up about the 27th Nov., a!nd saw me and about the 18th February my brother sold the land to him. The purchase was completed on the Ist April. I saw Pauling in March. He asked me if I was going to allow him . anything for his trouble. I asked whatfehe expected, and he replied he would leave it to myself. William Brooks was present at the time. I told him that, had the land been purchased before harvest, I would have given him LOO; but as the land had not been purchased till after harvest I did not think he was entitled to that amount. I told him if Boyd paid me, and completed the purchase, I would still give him the LOO, and he said he j thought that very fair. When the transaction was completed I sent a cheque for the amount. William Brooks, ploughman, sworn— Recollected Pauling asking McKie what .. he was going to give him for selling the land. AlcKie asked what he considered he was entitled to, and Pauling said he would leave it to McKie, who then replied l.e would give LOO, and defendant said he was satisfied. By Air. Purnell—l was then in the employ of Air. APKie. This closed the evidence, and, counsel having addressed the Court, His Honor said the whole case hinged, on the credibility of the witnesses, and, the evidence was entirely contradictory on; both sides ; but he considered defendant’s, rtiost reliable, and judgment would be fordefendant, and costs. Tisch v. Carter.—Claim LSO, forl-tres-pass on land. Mr. Purnell for plaintiff. Air. O’Reilly for defendant. Air. O’Reilly asked for an adjournment on the ground that the defendant’s statement of defence was filed too late. Air. Purnell stated that willing to waive the question of filipg the defence. His Honor stated that he could see-no reason for adjournment. Mr. Purnell then explained the position of the plaintiff in the matter, and after hearing the evidence, ; 5 Air. O’Reilly applied for a nonsuit. Judgment by consent for a farthing, and His Honor suggested that the balance of the purchase money (LIS) be paid by Mr. Carter, and so end the matter. •~ V ; A'::
BANKRUPTCY CASES. Re Timothy Murphy, Daniel lynch, and others.— Application f«>r discharge. Mr. Purnell appeared in support of the application, which was granted. Re George Kelly.—Application for discharge. Mr. Purnell moved for tlxe order, which was granted. Re Richard Morgan.—Application foxdischarge. Mr. Purnell moved for the order, which was granted. Re James M‘Kenzie. —Mr Purnell applied for an order for payment of costs. Order granted. Re Reuben Kite.—Application -for (fexpointment of a trustee re George Allen rS&gned. Mr. O’Reilly appeared in support of tlxe appointment of E. Pavitt. Application granted. Re Thomas Dxidson.— Mr ‘O’Reilly applied for an order for payment of costs. Mr. Purnell opposed. Application adjourned till next sitting of the Court. Re Thomas Dudson. —Application for an order of inspection under clause 197 of the Act. Mr. O’Reilly, in support of application, stated that bankrupt wished to inspect the trustee’s books, and was entitled by the Act to do so. Mr. Purnell opposed, as his cliexxt had no time to file affidavits. His Honor said the bankrupt was entitled to the inspection under section 19. lie James Daly—Application re moneys in bankrupt’s estate held by the Baxxk of New Zealand. Mr. O’Reilly for tlxe application ; Mr. Harris against. His Honor said if the demand were made for tlxe money, and the Bank refused, ox-der would be ixxade against it with costs next Court day.
DISTRICT COURT., Ashburton Guardian, Volume 1, Issue 49, 17 January 1880
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