FEILDING

Manawatu Standard, Volume IV, Issue 221, 19 August 1931, Page 8

FEILDING

MAGISTRATE’S COURT,

DEFENDED CASE

Mr R. M. Watson, S.M., in the Magistrate’s Court yesterday afternoon was* occupied in hearing the case in which Albert Wilson, of Feilding, proceeded against Olaf Augustus Thompson, late proprietor of the Grosvenor private hotel in Feilding. Plaintiff alleged that defendant liad failed to deliver all the furniture and other chattels in the Grosvenor Hotel contained in the instrument by way of security as agreed upon between the parties whereupon plaintiff claimed to recover the sum of £ls 3s 6d, the value of the goods alleged to be missing, plus £lO damages for alleged wrongful detention of same.

Mr J. C. Hill appeared for plaintiff and Mr D. C. Cullinane for defendant.

Evidence was given by T. L. Seddon, solicitor, of a loan that had been arranged through Wilson to Thompson. Thompson had consulted witness regarding £250 which he desired to borrow urgently, the security being the furniture and chattels in the Grosvenor Hotel, together with defendant’s motor car. The security was accepted and the money advanced for six months, the amount of the interest to to be paid being fixed at £25. Thompson was quite satisfied with the terms. To the Magistrate, witness said that, considering the nature of the risk, the urgency of the loan and the nature of the transaction generally, the interest charge of £25 for six months was reasonable.

P. P. Stevens, auctioneer, of Feilding, gave formal evidence of the value of the goods alleged to be missing, his estimate being based on the value of the goods which he valued in the hotel prior to his selling them. Formal evidence was also given by the plaintiff as to lending the money, the details being attended to by his solicitor.

j. C. Hill, counsel for plaintiff, explained the steps that had been taken to check the inventory of the furniture and chattels in the hotel. Defendant had assured witness that the goods named in the inventory were actually in the • hotel. Witness glanced at the various items and satisfied himself that the goods were there. Witness was examined at length by. Mr Cullinane as to the legal steps taken when the bailiff entered the hotel and the negotiations subsequent to that.

To the Magistrate, witness said he could not remember which couch mentioned in the inventory was missing, but one of them was. At the conclusion of the evidence for plaintiff counsel for defendant asked that plaintiff be non-suited as there were no merits in the claim. Thompson had been candid and honest in all his dealings with plaintiff, although he was in a difficult position by being threatened with a bill of sale which his landlord had. Counsel submitted that unless plaintiff could show that the things alleged to be missing were not in the hotel on May 1 when the stock was seized, there was no claim. It had not been proved that the allegedly missing items were in defendant's possession when the demand was made for them and there could be no question of conversion unless this was proved. Counsel further contended that plaintiff had received all he had contracted to buy and asked that he be non-suited.

The Magistrate decided that he would hear the evidence of defendant and refused the non-suit claim.

Olaf Augustus Thompson detailed the steps he had taken to show that all the stock was present when he was asked for it by counsel for plaintiff. He denied that he had ever offered counsel for plaintiff a cash settlement for the goods that were missing. He admitted that a few items of table cutlery were missing. He had tried to hold the proceedings up for he had been only too anxious to have the whole business cleared up. This concluded the evidence, following which counsel addressed the Court in support of their contentions. In giving judgment the Magistrate said the position appeared, to have been that the vendor was Thompson and the purchaser Wilson, the goods being those in the hotel at that time, less breakages and shortages in the ordinary way of business. This the Magistrate thought was at the back of their minds and that they acted in good conscience. The taking of the list of goods was not perhaps as good as it might have been and the Magistrate thought there might have been a few goods that did not reach the purchaser. It seemed extraordinary that 46 soup plates out of 60 should be missing, but the other articles seemed to be quite satisfactory. Judgment would be for plaintiff for £4 with costs. JUDGMENT SUMMONS. A. M. Wright was ordered to pay J. L. Beer the sum of £7 10s 6d with 15s 6d costs added, in default 10 days' imprisonment. OBITUARY. A well known and most respected resident of Feilding for many years in the person of Mr George Joseph Harford passed away yesterday at the residence of his daughter, Mrs J. R. Parker, Conway Road, Eltham, at the age of 78 years. Born in London, the deceased gentleman served in the Navy in his younger days, seeing service in the North Sea under Lord Jellicoe, who at that time was an officer on the same ship. Since coming to Feilding the deceased gentleman had been associated with the firm of Messrs Harford and Son, of which he was principal. Nine years ago, on the death of his wife, he retired from business. He took an interest in local body affairs and became a councillor and subsequently Mayor, serving for a term. He was very interested in the Patriotic Society and any movement for the benefit of returned soldiers, and was enthusiastic over a plan for a soldiers’ memorial. For many years he was associated with the Methodist Church and later was a prominent member of the Salvation Army, being at one time, leader of the Army Band. At the time when Lord Jellicoe was Governor-Gen-eral of the Dominion, and on the occasion of a visit to Feilding, the late Mr Harford was able to recall to the distinguished visitor incidents of their naval sendee. Some years ago the late Air Harford was one of the best known members of the Feilding Bowling Club. Ho is survived by a grown-up family of six daughters and four sons. The sons are Messrs William Harford (Auckland), Walter Harford, Alfred Harford, Herbert Harford (Feilding) and the daughters, Mesdames Darvell (Hastings), Parker (Eltham), Harding (Eltham), Gallagher (Auckland), Hobbs (Glen Oroua). and Heald (Palmerston North). The interment will take place at Feilding on Thursday.