OWAKA MAGISTRATE’S COURT

Otago Daily Times, Issue 20318, 28 January 1928, Page 17

OWAKA MAGISTRATE’S COURT

(From Ode Own Correspondent.) BALCLUTHA, January 27. A sitting of the Magistrate’s Court was held at Owaka yesterday before Mr H. J. Dixon, S.M. MAINTENANCE. In the case of William Thomas Renton, adjourned from the previous sitting, a., order was made for the payment of 21s a week (7s each) towards the maintenance of his three young children. CIVIL LIST. H T. M’Lean (Mr Walter) v. John E. Stevenson (Mr Alloo), claim £42 15s, oi which £1 6s Had been paid.—Judgment, for plaintiff by default for the balance, with court costs (£1 Us) and solicitor s fee (£1). J. A. Willocks (Mr Alloo) v. A. Harrington, claim £l6 8s sd.—Judgment foi plaintiff, by default, with court costs (£1 13s) and solicitor fee (£1 Us). H. Isaacs (Mr Alloo) v. A. Bagiev, claim £lO 16s, on a judgment summons. —Mr Alloo said that £1 had been paid, and gave evidence in the box that debtor had promised to pay 10s a montl^ —Order made for payment forthwith, in default 10 days’ imprisonment; order to be suspended on payment of 10s a month. A TIMBER ORDER. QUESTION OF LIABILITY, W. J. R. M'Calium (Mr Bremner) claimed £39 19s lid from Arthur Saul, of Tahatika (Mr Walter), for building timber alleged to have been ordered 'and supplied to the defendant. The plaintiff, a timber merchant at Owaka, gave evidence that about the end of October the defendant arranged with him to purchase timber for a cottage at Tahatika, 12 miles from Owaka. Defendant had explained that he was getting married and wanted the timber in a hurry. The timber was supplied to a carpenter named Marsh by witness’s man, witness being away at the time, but distinctly on the understanding that it was for Saul, as witness had previously stopped Marsh’s credit. The invoices were sent to Mr Saul, who had made no complaint. Some time in November defendant had promised that he would pay for the timber when the job was finished. Only some of the timber had been supplied at that time, and witness said he would supply no more unless defendant would guarantee the payment. This defendant agreed to do, and witness supplied the balance of the timber. Later on he went to Saul’s place to collect, but failed to do so. Defendant on the second call refused to pay, although he had at first promised to call at witness’s shop in Owaka and pay. Cross-examined by Mr Walter; It was a two-roomed cottage. A’ carrier named Frank Page had taken delivery of the timber. Defendant’s carpenter (E. Marsh) Drought the measurement's. Had told Saul the price per 100 ft. Defendant did not definitely give an order for any given quantity. It was six weeks after that defendant told him he had let a contract. Uu his second visit to Saul’s he had spoken to Marsh, but did not ask him to sign an order on Saul. Henry Kirkland, employed by the plaintiff, gave evidence that Marsii asked for the timber for Saul’s job, which witness supplied, ringing up Mr M’Calium, at Invercargill, on ttie distinct understanding that it was for Mr Saul. Later on he heard Mr Saul promise Mr M’Calium that he would be paid for the timber. Air Walter said the defendant would deny that he had ordered the timber, and say that he had let the contract for the building of the cottage to Alarsh, and that he had not given any guarantee to plaintiff. Arthur Saul, retired painter and paperhanger, residing at ’Tahatika, gave evidence along these lines, and said it was only a two-roomed cottage, which Edward Marsh had contracted to build for the sura of £sl, and there had been £9 10s for extras. Witness did the paperhangiug himself. He had made one progress payment of £2O to Alarsh, and later paid the balance to Air Alloo in Alarsh’s presence and with the latter’s consent. He had not received any, invoices for the timber. Under cross-examination, Witness said he got the contract in writing because it was a proper thing to do. The contract was the same date rs the plan which Alarsh prepared. Rhoda Mary Hunt, daughter of the da fendant, stated that her father was illiterate, and she had handled all his corio spondence, and had passed over the invoices received from M’Calium to Marsh, who claimed them. The defendant had never seen them. Al’Callum had told her that he had made an agreement with Marsh to supply the timber for £25. Harry Hunt, farmer, Tahatika, husband of the previous witness, also gave evidence. At this stage his Worship adjourned the hearing till the next sitting of the court at Balclutha in order that the evidence of Henry Alarsh might -be taken. Two other cases that hinged on this were also adjourned.