A CARTER’S CLAIM.

Gisborne Times, Volume XXVI, Issue 2275, 21 August 1908, Page 2

A CARTER’S CLAIM.

EDWARDS v. HANSEN.

William Edwards (Air. Stock) carter, sued Christian Hansen (Air. W. L. Rees) for £SO 3s Od for carting, work and labor done. It was intimated that defendant had reduced tho amount by £3O 3s, paid into Court, and filed a counter-claim of £2O 0s Od for damage done to furniture and loss of time. Air. Stock said defendant hid not stated what items in the account tlio amount paid into Court covered. Air. Rees said tlie amount paid in was tho exact difference botween the account served and the counter-claim. He would admit the claim with a difference of £B, and the amount of tho counter-claim.

Mr. Stock called tlio plaintiff, who said ho made an arrangement with the defendant to cart some furniture from Gisborne to Motu. The arrangement was not made in writing. Ho was to he paid by the day, but no price was fixed. Ho promised to deliver the furniture as soon as possible, but not within any fixed time. He was four days on the journey, and two days in returning, for which he only charged half rates, the total clnlrge being £ls. To Mr. Jtees: He had made a contract in writing to cart for the defendant until the end of March, during which month the work was done, but the contract did not include the carting of the furniture. He did not remember telling a witness lie uould reach Motu in four days. He was not drinking at To Karaka for a week while on the journey. If he had made a straight jourmjv he could have reached Motu in four days instead of nearly a fortnight. ' lie could not remember where ho made the special arrangement to cart the furniture. He told Mr. Otto Hansen ho Mould get five horses shod at To Karaka.

For the defence, Mr. Rees called Albert Lends, storekeeper at To Karaka, Mho said lie saw the plaintiff when lie had the load of furniture at To Karaka, and lie saw the load out in the rain without any covering over it. Plaintiff ivas a little the worse for drink. 5

Defendant, sworn, denied that he made any special arrangement with plaintiff to cart the furniture. He considered tlio charge of £ls for carting tho furniture excessive, anil £8 •a reasonable amount. The furniture when delivered was badly damaged. 'To Mr. Stock: He thought furniture could be carted to ■ tho Motu without damage: Mr. Edwards offered to allow for the damage, blit Mould not allow the full amount. Ernest Grundy, cabinetmaker, said lie did not think the amount claimed for damage Mils excessive. •Otto Hansen, brother of defendant, said he picked the furniture on the dray at Gisborne, and plaintiff said lie Mould go straight to tho Motu, which ho Mould reach in four days. Witness told plaintiff not to remove the furniture from the dray until he reached his destination. The roads wore in good order at that time. If plaintiff had .not delayed on the journey lie could have reached Motu in four days. ’When the load arrived iit Motu he asked plaintiff t<> wait and see it but plaintiff refused. The amount claimed for the damage was most reasonable. Goods properly packed Would not suffer in transit.

Adolph Hansen, another brother, gave similar evidence, John Harvey, carter, deposed that the journey to Motu could be covered in four days with a load of furniture.

"William Turner, cabinetmaker, called bv Mr. Stock, said be thought the amount claimed for damage to the furniture excessive. <s * f

Plaintiff, recalled, denied that lie ever offered to allow tlio amount of damage claimed off the account. This closed the evidence, anil both Mr. Rees and Mr. Stock briefly addressed the Bench.

Tho Magistrate intimated that judgment would be delivered this morning.