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THE ALLEGED FORCIBLE ENTRY CASE

_» ■ ■ At the R.M. Court this morning before Capt, Wray the hearing was resumed cf tbe obarges of forcibly entry and detaining of the New Zealand Loan and Mer cantlle Agency Go's store brought against Hngo Friedlander, Charles William Pu well. Wnt.Bata". F.Stisrley, T. Morgan, J. Mtndiley md W. Townshend. Me Fisher, with him Mr Wilding, appeared to prosecute. Mr T. I. Jjynt appeared for ihe defeno*. Tbe examination of F. G. S. Makefg was continued. la reply to M? WtMlng herald that on Saturday, February 9 the large key of the ( ffice door was hnnginp tip m the c nice. Witness saw Mr Secroton take In down and try It m the look. On Monday, February 11, witness had some conversation with Hugo Friedlander abou' • key of the outer door. This wa» after the eviction. Hugo asked where the key of the outer door was, or if there was a second one. Witness suggested that tbey should have a look. They hunted all the ■helves, but could nob Bad another key to fit the lock.— By Mr Joyat : Witness leased the store from the Company on November 7, 1887 That prodnced was the agreement. Witness agreed on the 15 h to take the store, but the rent started from the 7th. Witness agreed to feos« the ■tore for two years ; the rent was £200 a year, payable quarterly. From the-Mme^ witness leased the store to March, 1888," be was contracting with people to take their grain In at storage rates. The ordinary storage rate for grain la 3 3 per sack foi 3 months; other arrangements for longer periods. Fr-m Nov. to March the store waß notwell filled. Witness 1 storemankept the tally of wool and gram that came into the store for storage. T. Keily was then witness's storeman. . In March, 1888, witne-s made an arrangement with Friedlander Broß. to Etore a large quantity of grain for them—a little over 11.000 sacks, the period to be from March 6th, 1888, to February let. 1889 (agr ement produced and read). Under this agree ment witness was entitled to 4d a sack if ihe grain was removed the day af ler tbe agreement was made. If the grain were removed at any time during the 11 months be would get hie 4d. He was paid for the atorage of the grain. Witness could not •taie, withont reference to his books, the dates on which he was paid money on account of storage. His books were In his office.— Mr Joynt pressed for the produc tion of the books, and the Magwtrati directed the witness to get them.— On returning to Court witness said ha was paid for the storage as follows :— June 4th, 1888, £60 was paid into witness's account si the Bank. Witness asked the manager of the Bank to collect this amount ; h« was not aware that he gave a written order to collect the money. About August 50th, Friedlander Bros, took up a bill jjfeen by witness to Max Friedlander for £100, Friedlander Bros, deducting the £100 from storage due. Gave Max Friedlander an order for paymeDt out of the storage 'charges due. That produced was the order ; it was date-i May 18th. Friedlander Bros, paid another £60 on account of storage to •riiaese's account at the bank. This paytnent w«s made on September 3rd. This folly paid witness for all storage due under the agreement. The full amount •dne nnder tbe agreement was £184 odd On August 8, 1888, witness entered into an agreement with Friedlander Bros. About the beg ; nning of August witness lad an interview with Mr Hugo Fried lander m reference to this agreement Witness wanted £60, and he came to »n ttrangemeat to let Hugo have the store, as ft was no use to him till the grain started coming In, and Mr Friedlander was pushed for room for holding his wool ibblm. Witness contracted to let him have the store to cover the time witness had ooatraoted to keep bis grain tbat h t> February Ist. The reason witness made the lease was to «ecor& Friedlander Bros In ease he had to give up bis own lease to the Company. Witness wanted to protect them up to tbe time speoified In the agreement made, bo that they oould not be turned out If witness had to give up fall possession to the Company. They were to pay witness the same rent he had to pay the Oompary £16 13s 4d. >LUhugh they had paid the storage of grain 4o February 1, they were to pay rent at 4h« rate of £200 a year over the same period. Besides convenlense for storing wool ana for sales the lease would prevent ihe Company " jumplDg " on Friedlanders grain, if witness had to give up his lease. The agreement srw originally drawn up to February 1, the period for which he bad received payment for storage. Before he signed the agreement he did not remember taking it to a aolioiter. but possibly he might have done so. Did not remember taking the agreement «way from Friodlander's office, but might bare done so. Before witness signed it he hadan interview with Hugo on the subj?ot of lome alterations Id the agreement The Muon for storing wool commences m good years about October and ends m January, the wool sales being held In these months. Had an interview with Hugo ab mt altering the agreement, The alterations made consisted m the substitution of the word ' •♦Borember" for "February."— An order was here produced, given by witness to the Bank under which the two sums of £60 were paid by Friedlander Bros to witness' credit — In reference to the alteration of the agreement, at tbe Interview between witness and Hugo, the latter said tiiat be did not see why he sbonH pay £10$. because he would have bis wheat all out of the store In November, and he thought a Jbree months possession would be sufficient. Witness said he was quite agreeable, and asked Hugo to make the alteration. Nothing was sa^d as to the position Friedlanderfl would be m m reference to the wool or grain they might bave In the store after the first of November. Hngo expeoted to have his grain all out In November, but the alteration of the lease left the question of the wool out. Kelly, witness' storeman took tbe tally of all Friedlander's grain coming into the store between March and August, and witness posted from the tally Into tbe storebook. When witness leased the store to Friedlander Bros. Kelly left. Witness got tome money from Friedlanders In November. He got £50, which was paid Into the Bauk on February 8. ThU wa« a quarter's rent owing for the •tore. Under the amende* agreement witness 1 Intention waa that Friedlanders' lamb jhould expire on November 1, 1888. Witness held »n offioe In the atore all along. He held It under a verbal agreement with Frledlnnders. Witness protested against the offioe being Included In the agreement, and Hugo let him have tbe oie of it at a nominal rental cf Is a week. (Left iltting.)

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18890304.2.18

Bibliographic details

THE ALLEGED FORCIBLE ENTRY CASE, Ashburton Guardian, Volume VII, Issue 2078, 4 March 1889

Word Count
1,197

THE ALLEGED FORCIBLE ENTRY CASE Ashburton Guardian, Volume VII, Issue 2078, 4 March 1889

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