(Before His Honor Judge Ward.) CIVIL CASES.
0. Lake v. McKevrow —Claim L 55 16s 3d.
Dr. Foster for the plaintiff, and Mr Purnell for the defence.
A further adjournment in this case was granted, on the application of plaintiff’s solicitor.
Michael McAvey v. Mount Somers Road Board. —Claim, LIBB, work and labor done.
Mr. O’Reilly for the plaintiff, Mr Purnell for the defence.
Tho plaintiff made claim for the above sum for work and labor done by him in 1879, for the Mount. Somers Road Board, and a portion of which was certified to by the then Overseer for the Board. The defendants admitted a portion of the work had been executed, but stated that plaintiff had boon overpaid in the matter of a previous contract, and this therefore negatived his claim in this direction. Regarding a portion of the work, some cutting on the Alford 1 orest road, it was contended it had been badly executed, and further that the claim was in advance of the quantity done.^ After hearing the evidence, his Honor pointed out to plaintiff’s counsel that, the evidence of the Overseer to the Board at the time of the work being executed, named Fraser, not being forthcoming, and there being nothing to substantiate plaintiff’s statement as to the quantity of cutting executed, he could either accept a nonsuit on the point of insufficient proof, or take a verdict on the merits of the case.
Mr O’Reilly elected to take a verdict, His Honor in delivering judgment declined, in the absence of corroborative evidence, to support the statement of the plaintiff, to grant the claim for road cutting, and as the balance of the sum due was met by the amount of L3O, which had been overpaid to the plaintiff, and sums paid to his order, gave judgment for the sum of 18s, balance ; each party to pay their own costs.
Elizabeth Lucas v. Sutherland. Claim, L2OO, due on payment of certain horses purchased by agreement. Mr Thomas for the plaintiff and Mr Branson for the defence.
The allegation for the plaintiff was that in May, 1876, the defendant entered into an agreement with William Lucas, of Christchurch, since deceased, to purchase from him twelve horses, mares and foals, for the sum of L2OO, which it was agreed should be paid two years after the date of purchase, or, in the event of the money being then not forthcoming, it was to bear interest at a rate of 10 per cent, per annum. Plaintiff, in the capacity of executor of the estate of Mr Lucas, now sought to recover such sum of L2OO, duo under the agreement. Finally judgment was given for plaintiff for L 144 18s. (Left sitting.)
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DISTRICT COURT., Ashburton Guardian, Volume 2, Issue 311, 5 April 1881
DISTRICT COURT. Ashburton Guardian, Volume 2, Issue 311, 5 April 1881
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