Resident Magistrate’s Court.

Waipawa Mail, Volume XVI, Issue 2717, 4 February 1892, Page 2

Resident Magistrate’s Court.

Before Mr A. Turnbull, R.M., and Mr S.Johnson, J.P

William Wilson was charged with assaulting Henry Richard Veale on the Ist February last. Mr Loughnan appeared for the complainant. The defendant did not appear until the complainant’s evidence had been given, and then pleaded “not guilty.” Veale’s evidence was to the effect that he met Wilson near “Tommy Smith’s.” Wilson used threatening language, and shortly after followed him home, where he assaulted the complainant, and he now asked for sureties to prevent defendant committing a breach of the peace in the future. Mrs Veale gave corroborative evidence. The defendant was sworn and stated, he went to the coraplaiaant’s house to see about a dog he (Veale) was going to steal. Without any provocation Veale struck him, the present marks on his face being inflicted by the complainant. He (the witness) was excited and may have used the language imputed to him. Knocked at the door with his foot. Did not ose an axe. The

Bench bound defendant to keep the peace for six months, in bis own recognisance in the sum of £lO and to pay costs 16s. * R. von Mirbach v E. Marshall. Judgment summons. The defendant sworn, stated he made £3O since last March ; had offered the doctor’s solicitor an order for moneys coming due in about a fortnight and he rif used it ; earned 8s a day when employed! Order made for payment forthwith, in default 14 days’ imprisonment, the order to be suspended for three weeks.

Renata te Pewa v John Duncan. Judgment summons. Adjourned on the application of plaintiff’s solicitor, Mr Loughnan who said part of the debt had been paid. R. von Mirbach v. George Pilcher.—Mr Lee said the defence was bankruptcy at June, 1887, as to certain items; other items were disputed.—lt. von Mirbach said he knew nothing nothing of defendant’s bankruptcy when he attended him and his family. Had received money from Mrs Pilcher, which he considered paid on account prior to bankruptcy.—Mr Lee said no proof bad been given that plaintiff had been authorised by defendant to attend his son professionally. Payment of the balance of the account would have been tendered this morning, but tbe mails were delayed.—The Court deducted the amount due at date of bankruptcy, and gave judgment for £2 16s and costs 18s. Joseph Stone v. James Higgs. Mr Lee for plaintiff ; Mr Loughnau for defendant. This was a claim for boar i and lodging. Defendant put in a set-off, and disputed the charges. The items disputed were 2 gallons beer, 6s ; 2 bott’es whisky, 13s ; and other items, amounting altogether to £1 8s;; £7 10s was admitted.

Joseph Stone deposed Claimed £8 18s ; the articles disputed had been supplied in accord with usual charges ; the charge for paddocking was Is night ; one ito-m in the set-off, 2 gallons of brandy, Mr Higgs said had been omitted from the valuation when plaintiff took over defendant’s business ; Mr Higgs had mentioned this and other omissions after

the valuation, and they then had a settlement of accounts ; afterwards Mr Higgs and his family came to board at plaintiff’s place; had a receipt in full on December 6th ; another item charged in the set-off, for carriage of goods, was excessive, 10s would have been a fair charge.

Mr Loughnan tried to show that plaintiff had afterwards admitted liability for items admitted in the valuation ; plaintiff had entered one item, 2 gallons of brandy, in accounts rendered afterwards

James Higgs deposed that Miss Higgs was on a visit at Mr Fletcher’s during the aeriod when the charges were made for joard and lodging at Stone’s ; he con-

sidered Is a night for paddocking exces sive ; he had often made no charge for paddocking. Had paid for the beer and brandy charged ; Thought his own charge of £L a day for carting very reasonable. The Court gave judgment for plaintiff for £7 10s, less set-off £3, and allowed costs 188, and solicitor’s fee £1 Is.

John Towers v K. F. Mortensen ; Mr Loughnan for plaintiff ; Mr Cresswell for defendant.

Mr Loughnan said this was a claim for the recovery of a tenement, purchased by Towers senior from Mortensen last November ; purchaser agreed to allow vendor to remain in possession of house, but he gave up the land ; correspondence went on until September, when he offered to give up possession in a week ; Towers sold the property to his son, present plaintiff ; Defendant still kept on promising to go oat, but did not go ; when threatened with an action, he finally refused to go out.

John L. Towers deposed—Was a laborer at Makotuku, and was transferee of section 138 from his father some time last year. Mortensen then occupied the honse. Saw Mortensen several times, who offered to go out soon afterwards. Mortensen finally, on 23rd January, refused to quit, hence

these proceedings. The property * acres, aod the house was worth 10s a The land was worth £5 10s per acr. a fair rental would be interest on c value.

By Mr Cresswell—There had beet transactions and agreements betw< family and Mortensen’*. Never of the agreements. On acquiring tb from bis father, no money passed, | was n settlement of an account, never, on his own account, asked M< sen to give up possession. Mortensen possession against his father, and witness bought the property he Mortensen had promised to go out John Towers, sen., deposed—B, section 138 from K. P. Mortensen. I worth about £6 an acre. Had sheet ning there, having purchased them bill of sale from Mortensen, who delivery of them. Mortensen said h putting up a house at Mangatera, aod promising that he woald vacate this in a week. At last witness got tir waiting.

By Mr Cresswell—Made an agree with Mortensen on August Ist. never paid a sain of £IOO to Mort c or his wife as stipulated in the a ment. Believed he had released a b sale on a planing machine. Afton* instructed his solicitor to endeavoq recover the planing machine under bill of sale. Did not drive any stock bis own place to section 138. By Mr Loughnan— qo September lust made an agreement with Mortt wh reby accounts were adjusted, agreement provided that, if the I Board refused a certificate to Toi the agreement should not be voi The agreement also provided for ah* delivery to Towers of sheep then pasturing on the section. K. F. Mortensen deposed—Towers not carried out the agreement of Aq Ist ; signed the transfer to Towers on consideration he should release the pli never gave possession to Towers of m* t * le B^oe P J the amount due bill of sale on planer was about equa tha amount due to defendant for trai of tbe section ; now refused to execu n6 r'T s&lo on the planer. Ihe Court ordered defendant to del possession of the premises by Satin next, and to pay £5 and costs.