RESIDENT MAGISTRATE’S COURT.
TUESDAY, Oct. 28th. (Before Mr. F. Guinness, 11. M.) CATTLE TRESPASS. T. W. Baker, for allowing one horse to stray on the Wakanui Road was lined 5s and costs. Andrew Wood, for allowing a cow to wander on the Beach Road, was fined 5s and costs. James Campbell, for the same offence, was fined 5s and costs. George Gilpin had a horse wandering at large. Mrs Gilpin appeared in defence, but defendant was fined 5s and costs. James Connolly, for having an entire horse at large on the Wakanui Road was fined 20s and costs. BREACH OF THE RAILWAY REGULATIONS. Robert Little was charged with having entered a railway carriage whilst in motion. Defendant admitted the charge. Mr B. Pilkington, station-master, deposed that accused got on the train on the 11th inst. when it was about 50 yards from the station. The train was going at a tolerable speed, and Little stumbled twice in attempting to get on the train. Joseph Canning, railway storekeeper, saw- Mr Little come across from the Post Office and get on the train. He slipped in trying to get on, and a passenger assisted him. Accused stated that similar cases had occurred, and no notice had been taken by the officials. He was fined 10s and costs. CIVIL CASES. Friedlandor Bros v. Findlay. No appearance. Lancaster v. Ballon. No appearance. Same v. Moorshead. No appearance. 'smith v. Corsbie. Plaintiff had undertaken the service of the summons himself cud had served Mrs Corsbie. Case adjoin net! fur a week. ■ ..‘reman v. Gvigg.— Claim £0 10.-,, for v\ .. .•-» Joseph Foreman said he had -1 for Mr Grigg, and there was a sum of £0 10s due. Had never sent a bill to
Mr Grigg, but had called about two weeks afterwards for his wages. Asked Mr Jacomba, who said it was to go agais^; plaintiffs father’s account. Was enarfed to work at the thrashing machine byTmscombe, the engine driver. Had worked previously for Mr Grigg, and always made his engagements personally. His father had not received the money. Didn’t know whether his father had received the money in the shape of stores. Swore that he had not been told so. Did not get 40s per week, because it was to go against his father’s store account, and did not get 15s against that account. Had never seen any acconnt between Mr Grigg and his father. James Foreman, father of last witness ; Have had dealings withMr Grigg. Was a tenant of his. The account produced is •against me. I have not received my son’s wages from Mr Grigg. He engaged with Mr Grigg himself.
By Purnell: My sou is about 16 years of age. I was never refused stores, unless against my son’s work. I don’t remember whether in previous transactions whether 1 was paid or the boy. I can’t say whether I drew £3 15s in January last.
For the defence Mr Purnell called Mr Grigg : From time to time Foreman jun. had boon employed on the station, and the first intimation I had of any claim was from Messrs Ireland and O’Reilly, about three weeks ago. 1 gave instructions that Foreman was to have £5 worth of goods, but no other goods were to be supplied unless against the son’s earnings, and a subsequent promise was made by Foreman to pay the balance of his account, providing I let him take a- cow away. I never paid the boy a shilling, but always credited the father’s account with his wages. J. E. Jacombs, storekeeper for Mr Grigg—The lad has worked on the station from time to time, and his wages have alwas been credited to his father’s account. I told Foreman that the wages he was then earning would be treated in the same way. The son came about a fortnight after he left and asked for his wages, and I told him I had given his father credit. His father told me his son did not like his wages being stopped. The son always lived at home, except when engaged at the station. Edward Button, manager at, Longbeachj deposed to having engaged the boy, through bis father’s application. His Worship, in giving judgment, said that the father must have been cognisant of the fact that the son’s wages were placed to his account, as the sun generally lived with him, and there must have been an understanding between them on the subject. Judgment for defendant, with costs £4 Is.
Green v. Tisch.—Claim £45, balance due on a purchase of debts. Mr Ireland for plaintiff, Mr Purnell for defendant. William Green: I made an arrangement with Tisch, to sell him some book debts for £7O, on June 13th last. Ha paid me £25 cash at the time, also a promissory note at 3 months for the remainder. It was written on ordinary paper. Some days after he took it from me, and was to sign a fresh one, but burnt the old one. He then took the fresh one, and after two or three ’hours to sign it. He gave no reason. the agreement produced, but it had the words “ If all accounts are paid according to book shown to me ” added to it since. I gave him the book with the account in it. He has only paid £25. I don’t know who wrote the agreement. By Mr Purnell—l did not see any one write the agreement. I believe it was Johnny Tisch wrote it. The bargain was made at the Spread Eagle Hotel. There wore several present at the time. The preliminary bargain was not to the effect that I was to bo paid when the debts were collected. These kind of debts (fees ifor. entire horses’ services) are difficult to collect. In most cases a guarantee was given. A large number of the accounts have been repudiated as the mares had not given increase. I took the promissory note back to Mr Tisch because it was not in due form. I asked him if he would sign a fresh one and he said “Yes,” and afterwards snatched it out of my hand and threw it in the fire. The agreement was read over to me two or three times and I approved of it. The total value of the debts sold was £9O to £I.OO. . t ,
James Johnston, farmer—l remember' an agreement being made between Green and Tisch. I read it. “I think something . has been added; I am positive of it. Green had signed it, but don’t remember if Tisch had. For the defence, Phillip Tisch, sworn—Made a verbalagreement with Green, who wanted to sell the debts. I agreed to buy them for £7O, £25 cash, and the balance, when some of the money was collected. If the mares guaranteed in foal did not prove so no payment was to be made. .I. have only collected £8 10s of the debts. This agreement was afterwards putin writing. The agreement has never been altered. • My son wrote it, all at one time. Green said he wanted money, and I gave him a promissory note on a piece of note paper and a week afterwards, said, “ This thing is no good,” and I threw it in the tire, and he said I should have to sign , a good one and I refused, as I told him I "v might not get that amount out of the' debts.
By Mr Ireland—l gave Green the promissory note to quieten him, as he was on the beer. I knew it was no good for him to raise money on. George _ Milne, builder, corroborated Tisch’s evidence re the verbal agreement made. Heard the written agreement reacts and thought the agreement in Court was the same.
Mr Purnell argued that the agreement either must be considered a forgery, or a nonsuit be granted. Mr Ireland addressed the bench at some length and the plain till' was nonsuited without costs.
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Ashburton Guardian, Ashburton Guardian, Volume I, Issue 15, 30 October 1879
RESIDENT MAGISTRATE’S COURT. Ashburton Guardian, Volume I, Issue 15, 30 October 1879
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