S.M. COURT.

Opunake Times, Volume XIII, Issue 632, 30 October 1900, Page 2

S.M. COURT.

Friday, October 26th, 1900,

(Before A. L. Stanford, Esq., S.M.) IMPOUNDING CASE.

W. Watson was charged by Geo. Thomas with failing to comply with the provisions of the Impounding Act. Mr McDavitt appeared for Mr Thomas and Mr Bennett for Mr Watson. The evidence showed that two calves belonging to informant strayed on to Watson’s place and he impounded them. The following day he sent a written notice to informant and he went and released them, and paid the charges demanded under protest. Mr Bennett argued that the notice sent was a substantial notice though not complying with the strict letter of the Act, and as the evidence disclosed that Thomas knew bis calves were there prior to notice being sent, the law had been complied with and the case should be dismissed. His Worship said it was a pity, that .as neighbors, they disagreed. However, in dealing with the Impounding Act it was a very prickly one, and it was absolutely necessary that every particular should be complied with. In this case it had not been. Fined Is and costs ; solicitor, 10s 6d, ASSAULT. As a sequel to the foregoing, Geo. Thomas was charged with assault by W. Watson. Mr Bennett for complainant. Mr McDavitt for defendant. As the evidence of complainant showed that Thomas had not apuroacheid nearer than four feet, His Worship said no assault could have been committed and dismissed the case. CIVIL. Newman Bros. (Mr McDavitt) v, Cuthbert, claim £7 11s 8d for goods supplied. Defendant paid part into Court and deposed that the amount disputed was tor goods supplied to his wife after he had advertised he would not be responsible for debts contracted without his order. Judgment for defendant. Omercd and Sbeed (Mr McDavitt) v. Fi W. Carrington; claim £7 9s. Judgment for defendant. Opunake Wharf Coy,. Ltd., v. M. Callander (Mr McDavitt). Claim £l7 for two years rent of reserve. Defendant produced a statement of accounts between him and the late secretary, showing that he was debited with two years rent aud he therefore claimed that it was paid. His Worship said there was nothing to do but to nonsuit plaintiff so that the case might be brought on again in proper form as it was now presented in a crude and unsatisfactory shape. It would be necessary to produce certificate of incorporation, evidence of Scott’s and Markham’s appointments as secretaries, agreement, evidence of payments &o. Defendant was allowed £1 Is for his solicitor. G. P. Clarke v. Joseph Francis. Judgment for plaintiff. Geo. Tindle (Mr McDavitt) v. Kaponga Co-op. Dairy Co., Ltd. (Mr Bennett instructed oy Mr Malone.) Defendant Coy. applied to have case heard at Eltham as being the nearest Court to where cause of action arose. After argument case was adjourned to Eltham. A. McKeown (Mr Bennett) v. Newman Bros. (Mr McDavitt) This case arose out of a transaction jn oats. Defendants agreed to purchase 400 sacks of oats at 2s Cd per bushel about 27th July, 1899. The oats were apparently under lien to the Bank of New Zealand, and defendant alleged that ho was requested by plaintiff to notify the bank of his purchase, which he did, stating they were to be taken delivery of as required and paid for accordingly. Plaintiff alleged it was a cash transaction and that the full amount of the contract was payable at once, irrespective of delivery.

Before £SO worth were delivered defendant alleged that plaintiff came to him stating that he required assistance and he (defendant) asked him if £IOO would be of any use to him ; plaintiff said he wanted £2OO on account of soma land transaction. Defendant said be could not let him have cash, but agreed to assist him with paper and gave him bills for £2OO. His reason for doing so was that they were old friends. Plaintiff now claimed interest from the dates of bills being given on full amount of £2OO, whereas defendant alleged that the bills were merely given for plaintiff’s accommodation and that was proved by the fact that live months afterwards he had only received delivery of £lO7 worth of oats.

Judgment was given for amount claimed and costa.