MAGISTERIAL.

Bush Advocate, Volume I, Issue 68, 11 October 1888, Page 2

MAGISTERIAL.

ORMONDtiLLE, OCTOBER 10. (Before Mr' G. A,'Preece, R,s.) , ; • • : ;' ' ifoi^.oE-' pases. „ ** "' * ■ ; - In the casVof 'Thomas' Crow (wife, desertion) adjourned from last court •day;' Mr Coates appeared on behalf of plaintiff and stated that the information had been .withdrawn. ■f •■' -."'"•..■/■ CIVIL OASE&- ;- ';'' ■ '•- Skinner 1 y.' Gamtnon (judgment summons adjourned from, last month). Judgment debjtor, : : examined by Mr Coates, stated, that he nad ; had no means pit paying any .part, of, the qlaim; He'had only worked a few days since the last, sitting, \'his. earnings only amounting 'tor £Z I2s during the tinie that- 1 had elapsed since"; then. Mi", Coates asked for. iaVfurther adjournment. His worship granted the adjournment but would not do .so ,again, the,case,must; be gone. pn ;with next month or he r would 1 'dismiss it. Hearing adjourned to 14th November. ( ; P./ Crojss ,v. ,Wegner,r- Jn this case, ' whidh had TbeW reinstated 'at September sitting, Mr Gould appeared for defendan|jand* s^ted itha| his client was willing to give' an order on his' employer for the amount due, butthere was a matter of costs on which the plaintiff and his client were hot agreed. Plaintiff w^s. willing to accept the order, If'-fpr 4 the whole amount ewing, including the costs. He had broughtva witness and hac attended at the court twice, and wanted the order to cover all his losses while suing for the amount claimed. Judgment was given for plaintiff for,. 19s 6d, with ( costs 6s, and witness's expenses 145." ' \ Schmidt v. Nordloff, claim £t6 3d. Mr Coates' appeared for] plaintiff and stated that- he was willing to receive a confession of debt for £\ 1 lls ; this to include all costs. De Lambro v Lungqvist, 1 claim 15s 9d. Judgment in this case Avent by default for amount claimed with costs 9s 6d. : • ■ ■ t\ •■ -. ■ Olsen v. Fredericksen.—Judgment,, by consent; for j>l 19s 2d with costs lls and witness's .expenses 4s. "* Bosanko v. Crawford^ claim £15.-^ I Judgment by default, for amount claimed, with costs £i 2s, and wit-, ness's expenses Bs. ; Lungqvist v. Beck, claim M 10s Bd, : being balance of value of a cojt (stated in bill of particulars as a filly; which had died after being castrated by defendant. Mr Lungvist gave evidence showing that he had paid Beck 10s for castrating the colt. The colt was a yearling and he valued it at £6. Defendant had performed the castration, and the. colt subsequently, died. Had told Beck that the 'colt was dead, and he (Beck) said that it was a bad job, but in knocking about the place he would be able to pick up another cglt and he would then buy one arid give it to witness in place of the dead colt. Witness had told Beck that he would not be satisfied with any horse that he (Beck) would give him, and Bepk then suggested that they should appoint arbitrators. He (witness) replied that he would not put him to so muqh trouble, but if he was willing to act fairly with him (witness) he would not be hard upon him. I\nk was on the 4thof November, and in the following January they balanced accounts, the amount now sued for being the amount coming to witness, He had consented to take £b, for the- cplt destroy 6,4? 7 By Mr Coates 1 . He had assisted Beck, but could not say. if, every precaution had been' taken. '.Did not know anything about castrating. He knew that' special ; knowledge and skill were required in such waters, and had therefore paid Mr Beck 10s to do the castration. Jens Andersen deposed (Mr 0. Eijicksen interpreting) : He |ad n)et Beck, l wbb wanted to sell him ai-mare for i'B, J3 to be paid to hiifi (Beck) and £b to be paid to Lungqvist, as he (Beck) owed Lungqvist that amount. This was in the middle of May. M. Beck, sworn, deposed that he was a laborer residing at Ormondville. Was a fair hand at castrating horses. Lungqvist was working for wjtn,ess, Lungqufst asljed, him to oastpato the colt but nothing was said as to payment. Due care was taken, Colts sometimes die after castration. Did not know what was done to the colt after he' left, but the colt was all right when he left. He had met Andersen on the day mentioned. He wanted to sell the mare so as to rise money to pay a debt and keep the bailiff out of the house. He had never made an offer to pay for lqss of tlje pflftj t^e subject fof this'ap^on, To plaintiff ; ftem.em.bered meeting plaintiff m Mr Grant's Timber yard. Had not then offered to pay for the colt. Had never claimed payment for castrating until after the operation had been successfully performed. Mr Andersen (recalled) > Had had a horse castrated, by ItsF' Beck, Had made arrangement 'that if the horse lived he would have to pay 10s, but if the horse died he would not have to pay. Mr Coates addressed the Cqurt, and dwelt on the fact that defendant did nqt claim to he a skilled castrator, but had claimed payment only when successful. Judgment for plaintiff for £3 10s Bd, with costs 7s ; witness' expenses, ls3i ""Mortensen v. Illes.— Mr Ries explained that he was willing to buy a book for Mr Mortensen in place of the one borrowed) Livingstone's travels), and which had been burnt at the late fire. He was now trying to procure the same kind of book as soqx\ as pas 3 sible. Plaintiff stated that he had sent a book agent with the book since the fire, as fle wished very much tog@ta copy of that work baok. He (plaintiff) could get a copy in 24 hours. Judgment for £2 10s, to be reduced to la if the book was returned in 7 days ; costs 6a. • The Court here adjourned for 30 minutes! On resuming Mr Ries asked permission tp m.ajs a] short aWt^menti ]

ivjn the^o/of !Mof|ns^fl v. Ries". He (Mr^i^ha^wrjweH-lo a book agent at Napier dnd|.prHgrlßl^the book, but Ithe^^Was^t/^^e got at Napier ;anaMtenj>inot^.^w|>curable in seven jida^P-ffli^pot&fiiprlranted an extension%f tinfti, book to be returned in 21 days. Barrow v. Anderson.— ln this case ' the plaintiff sought to recover posses;(Sion#ifourf volumes* of? the Imperial' &a.ms d'efendajnl?! noJt in default the value (.£2). He had j boughtthe- work--at^an- auction-rsale*i held at?E>aneyirke, ; the«bidib,ej,pr%hw } | l?aving.beett c 6s 3d, ; an<f tti&b6bk3waßi fenpck;ed Mwn to plaintiff Jorj 6s i gjj^ Had subsequently lent the book to defendant, whose property it had formerly been. The. defendant claimed 'that tile ivork was sold ; for 6s 6d each volume, not 6s 6d for tbe whole work. JuHgnieni for £&%Ix> "be reduced to Is ; whet 1 !tbe ' bobHs I widre. .ireturfted in proper order),, with costs 7s and witnesses''.expensps 1?5,8d,. ' < .Adrian y. 'Nordloff.— This^ action arose out or a .disputed accounit, defendant refusing to pay for time when the plaintiff alleged he had worked for defendant, ■ and plaintiff disputed itemafor vyhich he was charged by defendant.; ..,1V; Mosen and K; 1f... Mortensen were called by plaintiff and gave evidence , to , proye s tnat thd . plaintiff Had worked the. ntfrajer 6i pays charged, and* a'lso that-limber 1 (2nd class) had been- sold atfrom2s< 6d' per 100 feet to 3s per 100 feet, and tha^first-class timber ; ■ had been^sold ,for 3s^pep .loo, feet.,; Defendant denied haying sold, tinker. : «o cheaply whce im. company had statted." Judgmen|. f6f plaintiff for £ib lps v sd,with costs 19s and Witnesses' expenses lgs. Ceveny v. Carmichael and Dinnison v. Oarmichael wer^e adjourned on the application. ,of. defendant, but H. Har graves gave evidence in the case of Geveny v. Carmicael, as he was leaving tie district. This witness gave>; evidence in .proof pf Ceveny having . been told id go to work by d|ie^danti. The Court then rose. * ' < *