South Taranaki News

Taranaki Daily News, 26 June 1928, Page 5

South Taranaki News

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DEPOSIT PAID ON HOTEL. ITS RECOVERY CLAIMED. HAWERA LAND AGENT SUED. Whether £l5O paid to F rancis Gordon Treweek, land a n eut of Hawera, by Nicholas AL McCarthy, hotel-keeper of Wanganui, as a deposit on a Stratford hotel, on December 23, was recoverable by the latter, who sued for its return, occupied Mr. R. W. Tate, S.M., at the liawera Court yesterday, when the hearing, which was adjourned from a previous sitting, was resumed. Treweek. maintained that as agent for Bodley, as vendor of the Stratford Commercial Hotel, he had introduced Nicholas McCarthy, and a contract of sale had been concluded. He had paid Bodley £l2 10s and retained £137 10s as commission. A denial was given to that contention Ly Nicholas McCarthy, who alleged that Treweek had promised, but failed, to return the deposit, and that no contract had been finalised because one of the conditions had not been fulfilled. The turnover of the hotel was £4 or £5 below that claimed, and there were “other reasons” why McCarthy would not purchase. After legal argument which lasted the greater part of the day the magistrate reserved his decision. Continuing under cross-examination by Mr. J. Houston, F. G. Treweek, said the hotel had since been sold to a different party, but not by him. Re-examined by Mr. H. L. Spratt, witness said he bad inspected the hotel books, and found that £125 was the approximate weekly turnover, as it appeared in witness’ authority. After interviewing Mr. Bernard McCarthy and being informed that the figures were all right, witness had taken Mr. Spratt to Stratford to inspect the books. Witness had had experience in hotel brokerage and as a company secretary and on working out the figures for the takings from July 4 to January 11, during which period the then licensee had had control of the hotel, he found that these figures exceeded the £125. Witness said he did not think the books had been properly inspected by the purchaser. Dealing with the question of compromise, witness said he had endeavoured to settle the matter amicably rather than bring ab.out court proceedings. His idea in the compromise was that his share of the commission would be applied as a credit against further dealings by N. C. McCarthy in the purchase of another hotel. To. Mr. Houston, witness said Bernard McCarthy, in his own office, had told witness that the figures of the takings from the hotel were quite right. Witness said that when moneys were owing to two men in partnership one would be justified in giving an order against that money without consulting the other. William Power, public accountant, eaid he kept the books of Bodley. The McCarthys had interviewed him with regard to the takings at the hotel on January 10, and he had given them the figures for the period July 4 to September 30, for which the takings averaged £llB Is sd. McCarthy had produced Bodley’s bank book and witness had made certain explanations. The question of the turnover of the house had been raised, and witness expressed the opinion that £125 would be a reasonable average to expect. He also explained the position regarding the previous period’s takings, which averaged £129 per week. The parties seemed to be quite satisfied with the position. The average for the period Bodley had the house was £125, with a margin of £3O.

Bernard McCarthy, recalled, denied that he had ever given Treweek to understand that the figures for the hotel takings were all right. Cross-examined by Mr. Spratt, witness said he did not recall Power’s explaining to him that the average takings for the previous year were £129. Witness denied taking the bank pay in book to the interview with Power. He had worked out the average takings for two periods of three months each. The first period had averaged £ll5 and the second £l2O.

Mr. Spratt pointed out that Mr. Power had worked out the average for the same period as £127. Counsel suggested that witness had made a mis-ealcr'-.tion, but this was scouted. Witness agreed that if book debts were not included that might be the source of tho discrepancy.

HUNT AT MOUMAHAKI. DIG MUSTER OF SPORTSMEN. The weather clerk was in a smiling mood when he ordered conditions for Saturday, when followers ot hounds met in perfect hunting weather at the Mouniahaki cross roads. The usual muster of keen sportsmen was there, and all enjoyed a splendid day's sport. Tho gorse double and a spar accounted for a few riders “going west.” Many and varied were the aerobatic stunts witnessed by the sightseers, one rider being the most surprised of anybody to find himself still astride the saddle. The hounds throwing off from Mr. Walkinton’s paddock, “puss” was soon afoot. After a circular run followers found themselves at the starting point. Crossing the road, followers had a few jumps and, returning, found a hare again in Mr. Walkinton's paddock and a good run ended in a kill being made across the main road. Returning to Mr. Brewer's property, the riders had a large variety of jumping, gorse, boxthorn, spar and plain wire all being taken. “Puss” was put up in some turnips, and what promised to be a good run was spoilt by the hare obtaining liberty in forbidden property. It was late and the light was failing when Dr. Simmons called a halt and members, feeling the effects of a keen south wind, soon donned overcoats. Although, it was not on the card, Mr. A. Aiken extended an invitation for mem hers from a distance •? partake of a

very acceptable cup of tea. Dr. Simmons thanked Mr. and Mrs. Aiken for their kindness and their neighbours for the use of their properties, and aleo extended an invitation to as many members a# possible to hunt over Mr. Russell’s pro perty next week. Mr. Aiken said it was only a pleasure for himself and Mrs A iken to do their little bit for the club. Among the followers were: The Master (Dr. fjmmons) on Wallace, DeputyMaster D. Lupton on Nefische, Huntsman Miles on Bonny Flier, Mrs. I. Johnson on Loch Ullen, Miss Washer on I Molly Paul, Miss Gibson on Wanderlight, Miss Smitheram on White Wings, Messrs. T. Lupton on Black Eel, D. Jackson on Haererftai, J. Sheahan on Quicksilver, 11. Washer on Moascar, H. Simpson on a bay, I. Lupton on White Face, G. Watkins on Vanchineel, S. Davidson on Pikimai, R. Watkins on Wildfire, E. Davidson on Plum Duff. S. Lesley on Charmaine, E. Train on a bay, M. Bremer on Elusion, M. Spence on a bay, E. Death on The Stoker, L. Wilson on Teneer, W. Alexander on Nobby, R. Lupton on Grey Legs, F. Shield on Shear Blade, J. Hurley on Sea View. W. Potts on Sieyon, Hair on a bay, Gill on Dinkum, J. Lupton, junr., on a bay, and D. Otto on Whirlwind. Many parties followed in motor cars. THE DAIRY INDUSTRY. I I AUSTRALIAN MANAGERS’ VISIT. In return for a visit paid to Australia last year by a party of New Zealand dairy factory managers, a delegation from the Australian Dairy Managers’ Association is at present on a visit to Hawera. The delegation comprises Messrs. J. Proud, Federal president of the Australian Dairy Managers’ and Secretaries’ Association, A. E. Sweaney, manager of the Inverell co-opera-tive butter and bacon factory, and F. G. Martin, manager and secretary of the Pollard Bay Dairy Company Mr. Proud is manager and secretary of the Camperdown cheese and butter factory in Victoria, which has an ave - age output of 700 to 1000 tons of butter ner annum. Mr. Sweaney and Mr. Proud represent the Australian group of factory managers and Mr. Martin, the Victorian branch. In addition, Mr. Pro'll is a member of the Cream Board, which administers the Dairy Produce Act, governing the industry in Australia. He is also on the Australian Dairy Council, a semi-government body, working for the betterment of the dairying industry HAWERA MAGISTRATE’S COURT. JUDGMENT IN CIVIL CASES. A sitting of the Hawera Court was held before Mr. R. W. Tate, S.M, yesterday, when judgment by default in favour of plaintiff was given in favour of the Hawera Hospital Board against Leslie Rowson for £23 19s (costs £4 Is 6d). James Brew, who did not appeal on judgment summons proceedings, was ordered to pay to the Hawera Hospital Board £2 0s 6d forthwith, in default two days’ imprisonment. P. J. Northeott, who did not appear, was ordered to pay to Lysons, Foord and Keilar, Ltd., forthwith, £29 5s 3d and costs £1 Ils 6d, in default 31 days’ imprisonment. William Henry Hughes junr., was ordered to pay to E. P. Toy the sum of £6 7s by instalments of 5s per week,, payable once a month, together with solicitors’ fee of 15s 6d. in default seven days’ imprisonment. GENERAL ITEMS. The thoroughness with which Hawera lawyers conduct their cases was forcibly demonstrated at the Hawera Court yesterday, when one counsel opened his case with a formidable array of 31 law volumes, while opposing counsel entered the court staggering under the weight of ten heavy books. “It would appear that I am in for an intellectual treat,” remarked Mr. R. W. Tate, S.M. “Which is the best period for hotel trade?” asked counsel of a witness in the Hawera Court yesterday. The witness remarked that it was difficult to say, since during the summer the farmers were too busy to leave their farms to any extent, although they were in good financial circumstances, whereas during the winter there was not so much to do, but the spending power was not so great. “A ease of whisky versus Heer,” interjected another counsel. “It costa ua £2 10s a week for groceries,” remarked a judgment debtor, a father of five children, in the Hawera Court yesterday. Examining counsel: “What, £2 10s? Why that’s absolutely ridiculous. You must be living like a lord. PERSONAL ITEMS. His Grace Archbishop O'Shea was in Hawera over the week-end, the guest of Rev. Father Cullen. Mr. Fred W. Slater, conductor of the Wanganui Choral Society, has been invited by the Male Choir in Hawera to address the members at their practice and he has consented. He reached Ha-, wera by service car yesterday and will stay with Mr. and Mrs. C. H. Haggett. GRAND THEATRE TO-NIGHT. “A HERO FOR A NIGHT” For those who like comedy at its .height, with considerable plot, not to mention thrills thrown in, we recommend the Universal farce comedy, “A Hero For a. Night,” which opened its local engagement at the Opera, House last night. It starts with a laugh and ends with the audience hysterical. Glenn Tryon, the popular. gpm»d.ian. yyhg iias beta forcing

to the front so rapidly of late, plays the role of a smart young inventor, who flies his home-made airplane to Russia just to prove to his girl friend (Patsy Ruth Miller) how good lie is. Miss Miller is charming as the heroine and is an excellent foil for Glenn’s* innumerable, smart tricks and farcical love-making. We hope to see more of this comedy team together, and no doubt will, as we understand that Universal ha? clem both signed for several more. Olbe films shown to complete the progran u. include a two-reel comedy, cartoone and two news reels. The programme shows again to-night at the Grand Theatre. A special line-up of attractions booked for liawera for show week is advertised on page one. On Wednesday evening at the Grand Theatre will be shown the Zane Grey attraction “Open Range,” starring Lane Chandler. As is usual, fast riding, (sharp shooting, virile romance and gorgeous scenery are said to feature this Zane Grey story. T' pr>gran.me will be repeated again at tho Opera House on Thursday. On Friday evening the big racing drama “In Old Kentucky” will be presented, and on S.-.tuiday an excellent double-star bill will be shown. Patrons are advised to reserve their seats during show week.