ELTHAM.

Hawera Star, Volume XLVIII, 9 July 1924, Page 10

ELTHAM.

. ▼f MAGISTRATE’S COURT. CLAIM FOR GOODS SUPPLIED. At the Magistrate’s Court yesterday, before Mr A. M. Mowlem, S.M., E. Irving Rodger, of Te Kiri, storekeeper, sued A. K. Fyson, of Hawera, company manager, for £75 19s 6d, for goods supplied to Mill Bros., it being alleged ihax defendant Guaranteed payment- of same. Mr D. Clement appeared for plaintiff and Mr Matthews fqr defendant. Mr Matthews said that the original statement of claim had been superseded by a new one, which had just been handed to- him. He contended that it was a new cause of action. His Worship said he would accept the amended statement of claim, if Mr Matthews had any objection, lie could ask for an adjournment.

E. 1. Rodger said lie had been approached in February, 1923, by Hill Brothers, and had given them credit. He was told by Hill Brothers that Tyson, who was receiving money for timber sold on their benalf, would pay him. On June 20 Fyson paid him a cheque for £4O. The cheque was drawn on a joint trust account. There would have been a balance 0f..£23. The current account was going on; The total indebtedness was £56. During July £33 7s 3d was taken in goods. He stopped the credit. Fyson then told him he would get some money in. Witness got another joint trust cheque for £2O in August. He complained to Fyson about tlie smallness of the cheque and the largeness of the amount still owing. Received a letter from defendant- in August. Mr Clement pointed out that the cheque showed that the account- had been paid out of a joint trust account. Witness said Fyson, accompanied by Hill Brothers, came to see him in August. Fyson asked for the account, and told witness to see that- the account was kept down to £3O a month. Fyson told witness that he would see that he was paid. Witness naturally felt relieved at this. He rendered an account to Hill Bros., showing the total indebtedness to be about £IOO. Went into Hawera and got a cheque for £SO from Fyson. That was in September. ~ Fyson said he would square off the balance, £75. He heard that Fyson had put in the pailiffs in the mill belonging to Hill Bros. He subsequently wrote twice to Fyson re the balance, but received no reply to liis letters.

For-the defence, it was stated that Hill Bros, had approached Fyson for assistance in the starting of a. milt at Te Kiri, and an agreement; was reached on that matter. The property was not freehold, and the Fa tea Freezing Works./had a substantial interest in the mill, it was then arranged by the security-holders that the money, derived from the sale of timber turned out from the mill should be allocated among the owners of the property, Fyson and the Fat'ea Freezing Works, Hill Bros, to have what money remained. Fyson and Mr C. D. Dickie (chairman of the Patea Works) were elected as trustees, and were to have the handling of the moneys. The production of the mill did not co-me up to expectations, with the result that all the security-holders decided to forego all their own payments to enable the wages men and the storekeepers to be paid for their work and goods respectively. Defendant stated that he had made the position perfectly clear to Rodger. It was admitted that £ll3 had been received by Fyson for certain timber after -the sale of the mill at Te Kiri, but defendant considered that he was not under an obligation to pay out the money, as he claimed it as being due to him under his bill of sale. The crux of the position, said the magistrate, was whether ox not the defendant had actually said he would pay Hill Bros.’ account at the store. Cbnfiicting evidence was given by the defence on this point, however, and it was thought that the plaintiff had not sufficiently discharged the onus of proving that such a statement had been made. .The plaintiff was nonsuited, costs amounting to £3 16s being allowed the defendant. RESERVED JUDGMENT.

In giving .reserved judgment in the case Clement and Son v. Manaia Lean Co., claim for £6B 16s Id, his 'Worship said this was a claim for timber supplied to one Jones. The defendants were money-lenders, and presumably had lent Jones money. Defendant’s secretary had written a letter on January 25,* 1922, guaranteeing the payment of the money. The secretary had signed the letter, which was written on paper with the letterhead of the company. It had been contended by defendants that the letter, did not bind them. There was a difference between an indemnity and a- guarantee. The document in question was a very clear intimation of the intention of the defendants to pay, though it did not contain all the names of the parties interested. The company wasl responsible for the action of their secretary. The plaintiffs were entitled to the judgment they sought, with costs £7 19s. | Mr 1). Clement appeared for plaintiffs and Mr A. G. Benentt (Manaia) for the defendants. UNDEFENDED CASES. Judgments were given for the plaintiffs in the following undefended cases: J. Sheehy v. H. J. Judd, £1 Is 9d, costs Bs;' same v. Benjamin Hunter, claim £3 17s 9d, costs £1 9s 6d; N. C. Davies v. A, White, £4 7s 6d, costs £1 3s Gd. BOWLING CLUB. The president (Mr D. L. A. Asthury) presented the annual report at the meeting of the above club last evening. The report states, inter alia: The financial position of the club can lie considered very satisfactory, the year closing with a* credit balance of approximately £l7. Part of the balance, approximately £B, the committee recommend the meeting to earmark for the payment of a top-dressing plant, vide the last special general report. Not requiring the plant till the close of the incoming season, the committee saw no reason for expending the money. AH annual subscriptions have been paid. There is room for an increase in membership, and it is gratifying to hear that there arc possibilities of that increase being secured. The work done on the green and the care that has been bestowed upon it through the winter—and that will he continued till the season opens —will give us a green that must prove satisfactory, and the committee hope and trust that a record attendance throughout the coming season will be the result of their efforts. The club did not succeed last season in securing any of the bowling trophies, Imt one of the two teams competing in the Taranaki tournament secured a position in the semi-finals. Four teams entered in the llawera Easter competition, and. though not successful, fully appreciated the games and the care taken to give visitors a good time. Might I suggest that members of the duh strive to patronise these tournaments as much as they possibly can. The Taranaki Bowling Centre held their annual meeting at Stratford. Hie resolution that was carried at our last special general meeting re competitions for Saturday players amongst the

southern clubs was submitted to the meeting by me, and after discussion I decided to withdraw it, leaving the matter open for further consideration if thought necessary. I have the honour to report that I was appointed a member of the executive. As in. previous bowling seasons the ladies have again rendered valuable assistance in attending to the wants of members and visiting clubs as regards morning and .afternoon teas, for which we desire to express our sincere thanks and appreciation. In closing this report on behalf of the committee, I desire to thank the members of the club for the extra financial assistance rendered to the committee, in their proposals to improve the green, to thank the members of the committee who have worked with me for sparing neither time nor trouble to further the interests of the club, and lastly to the press for the publicity they have given to our snort.