Kawhia S.M. Court.

Kawhia Settler and Raglan Advertiser, Volume XXI, Issue 1137, 27 October 1922, Page 3

Kawhia S.M. Court.

Thursday, October 26th Before Mr F. W. Platts, S.M. STRAYING STOCK At the information of the Kawhia Town Board, Charles Turnbull was charged with having two horses at large on the streets of Kawhia. Defendant admitted the offence and was fined 10s and costs 7s. Percy Moke was arraigned on a similar charge but in respect of cattle. As he had only received the summons that morning he applied for an adjournment which was agreed to by the Court until November 30th. JUDGMENT BY DEFAULT F. Grove and Son v. George Ngabere — £2 Is 6d ; costs, £28s 6d. G. Wright v. Devitt and Forbes —£3l 13s ; costs, £3 3s 6d. W. Morgan v. Devitt and Forbes—£l2 10s; costs £2. DEFENDED CASES F. Grove and Son v. Moke Pumipi—Claim £l6 13 sd. P. Moke, on behalf of his father, admitted a portion of the amount but asked for details of claim subsequent to Jan. 27th, 1919. Mr Crimp (for plaintiff) supplied the items including £lO lent by cash. He contended that defendant had never disputed accounts rendered. Defendant admitted goods, but denied loan of £lO. Vera Forbes gave evidence as to rendering accounts. Neither Mr nor Mrs Moke had disputed accounts. Defendant produced receipt for £lO and judgment was given for balance £6 13s sd. F. Grove and Son v. Mita Pohepohe—£7 11 Id. Defendant disputed the amount of the claim. Nonsuited with costs 10s. F. Grove and Son (Mr Crimp) v. G. and R. Turner (Mr Oliphant), claim £23 13s. Mr Oliphant contended that G, Turner only owed £l. With re gard to R. Turner (his wife), this defendant had formerly acted as assistant to plaintiff, and the goods comprising the claim were taken in lieu of wages. R. Turner deposed that she had acted as saleswoman for Grove at a wage of £1 per week from April Ist until October 10th, tiie counter-claim for wages being £2B 10s. She had taken goods to the value of £22 and cash payments not exceeding £5. To Mr Crimp : Witness could not understand the meaning of various sums credited to her. She had worked continuously <i uring the period. She bad never received an account from Mr Grove.

Re-examined : She thought her wages squared the account. Mrs Barton deposed to overhearing an arrangement between Grove and defendant by which goods were to be regarded as wages. For the plaintiff, Vera Forbes deposed to acting as saleswoman tor Grove for six months prior to his death. Accounts were sent out regularly each month. She could not recollect whether a statement had ever been sent to Mrs Turner. His Worship pointed out that there was a conflict between the sworn evidenee and the evidence of the books. It was obligatory on the part of the administrators of an estate to establish the accounts beyond question. Judgment was entered for plaintiff on the claim (£23) and for defendant on the counterclaim (£2B 10s) less amounts shown to have been credited to her.

F. Grove and Son (Mr Crimp) v. Rere Porima —£1617 s 9d. Defendant produced certain receipts up to £lO, the Court remarking that the account was manifestly incorrect, and judgment was given for the oalance £6 17s 9d. C. Y. Dally (Mr Crimp) v. Devitt and Forbes ; claim £22 6s. Mr Oliphant appeared for the defendant Forbes. Counsel for defendant explained that the claim was an account for rent, owing in respect of house and paddock for horses. C. Y. Dally was the owner of a section and cottage at Oparau. Devitt bad approached witness with a. view of leasing the property during the term of a metalling contract. Witness had agreed to do so at 7s 6d per week. He had received one instalment of the accumulated rent —a cheque from Devitt and Forbes for £3 15s. To Mr Oliphant: The transaction was done through Devitt. Forbes had never spoken to witness, and it was later that he learned of the partnership. Mr Oliphant, for the defence, stated that Forbes knew nothing of the arrangement. J. M. Forbes deposed to having a metalling contract from the Kawhia County Council in partnership with Devitt. At first the horses were kept in the County paddock at the Ferry’, but were later removed to Stokes’ paddock. It did not concern witness vi’here Devitt lodged or where he kept

the horses. The cheque was drawn at Devitt’s request, and witness did not know what it was for. To Counsel: Devitt undertook to look after the horses. Devitt had rented the house for his own convenience. His Worship held that it was a partnership affair, the house and section being used in the ordinary course of the firm’s business. Judgment would be given for the plaintiff with costs. Public Trustee v. R. J. Corlett, £24 claim for interest. Mr Morris (for the Public Trustee) explained that the Public Trust was simply suing for arrears of interest as appearing in the books. Defendant contended that he 1 held receipts for various amounts and asked for an adjournment of the case to effect a settlement. His Worship agreed to adjourn the case until the next sitting, November 30th.