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DISTRICT COURT., Ashburton Guardian, Volume 2, Issue 363, 6 June 1881
ASHBURTON. — To-dat. (Before His Honor Judge Ward.) CIVIL CASE. Charles Lake v. McKerrow & Co.— Claim L 55 16s 3d. Dr Foster for the plaintiffs, and Mr Parnell for the defendant. The evidence of the plaintiff showed that the entries in his books of the items in which the defendant was alleged to be indebted were made by his son, then in his employ and since dead. An objection raised by Mr Purnell to admission of evidence of this character was disallowed.
Cross-examined by Mr Purnell —The items in the book produced were entered by my son Richard ; that is previous to the date of his death, Dec. 27th, 1879. The entries wore made daily. The entries in pencil on the two first pages and those on the pages further on in ink are made by one and the same person. No book was ever destroyed by fire in our house. This is the only book the accounts were ever made up from. My soli did hot enter them into any other book first. His Honor—l’m sorry, Dr Foster, that I can’t belive your client. Not only is the writing so totally different, but in some places ha spells saddle —well as saddle generally is spelt, and further on with one “d.” Dr Foster submitted that the entries having been made by a stable boy, he might have made errors at times. His Honor saw the entries had evidently been made by three different persons.
Witness continued—My daughter may have made some of the entries. I never made any entries myself. His Honor did not see how he could admit the boot in evidence, as it was clear the entries had been made by at least three persons. Dr Foster decided to abandon those items.
His Honor remarked that taking this into consideration and also the amount of the set off admitted, the claim would be reduced to a L5-nole.
Witness continued —The arrangement about the horse was that we were to change, and I was to get Ll 5 to the good. My horse was nearly a thoroughbred. They were not to get a trial of it. I sold the horse and got in exchange a mare about three months after. It took time to break it in as it was an unbroken mare. The arrangement was not that if the horse suited they were to give me LlO. I received to move the engine from Mr Mann. It spoilt a day with five horses. 1 had to take it about three miles, from the railway station to Power’s paddock. For the defence Mr PurneL called
John Mann, who deponed—l am one of the defendants. I made the exchange of horses referred to. The agreement was that we were to return his horse at any time if it did not suit us. He asked Ll 5 but I only agreed to give him LlO. We kept his horse for some time and then I told him the horse did not suit us, when he said he had sold ours. The horse we got from plaintiff was 'worth ’more' than ours, being nearly thoroughbred and a very flash horse but a bad feeder. Our horse was a far more useful animal. , ;The distance he needed to take the machine was , half-amile. If he took the longest; distance it could only be a mile and a quarter. Instructed Lake to move only half the machine ; the farmer having to move the ? other half, The stable plaintiff occupied was on half-an-acre of land, and had seven stalls and two loose boxes. There was ' also a cottage. We bought it on the 15th February, and he had it in possession for nearly four months. I told him once that if he left when I needed the buildings, my wife and family being about to join me i at Rakaia, and I needing house accom- . modation, and not charge him any rent. He did not leave, and I had to find lodgings for my family. Thirty shillings per week is not a .large rental, as We afterwards leased the stable alone at that figure. The plaintiff denied in toto the statement made by Mr McKerrow re rent. His Honor said the claim had been reduced to about L 5 by the plaintiff’s , abandonment. This included a claim ; for the horse and for the removal of the engine. He should rely, in the first in. stance, upon the evidence of the defen. dants regarding this as the most reliable, following the manner in which the plaintiff had sworn regarding the handwriting in his books, arid should only allow LlO on the horse ; LI he regarded as sufficient for the removal of the engine. This would reduce the claim by L 5 10a, ! being tantamount to a judgment for the defendant, with costs. IN BANKRUPTCY. Re H. C. Williamson. Mr O’Reilly applied for a writ of attachment against the trustee in the estate for disobeying an order of the Court to pay coats. Mr Purnell opposed. The application was a rather complicated one, hinging upon the question of whether certain monies received by the trustee were applicable under the order. Finally his Honor discharged the rule nisi without costs. The following applications for orders of discharge were granted ;—Re H. Godfrey (Mr Purnell), Quinton Brothers (Mr O’Reilly), 0. R. Harold (Mr Crisp), Francis Black (Mr Crisp). Orders for costs were granted in the following applications : —Re J. McConnell (Mr Branson), W. Lawry and Son (Mr Crisp). Re W. Sutherland. The. application by Mr Crisp, instructed by Messrs Thomas and Bruges, to have the debtor adjudicated a bankrupt, was granted. PROBATE. Letters of administration in the estate of W. Stalker, deceased, were granted, on the application of Mr Branson. The Court then rose. ■ Upper Ashburton Road Boap.d. —At a meeting of the newly elected Board on Friday last, Mr McLean was unanimously elected Chairman. It was resolved to hold a meeting on Monday next, when the most pressing accounts were left in the hands of the Treasurer for disposal in the interim. The Charirman and Mr Williamson were appointed to interview the manager pf the Bank, re an overdraft, and the clerk having instructions to make an approximate statement of the liabilities, the meeting terminated. “ Happy Hours.” —The performance at the Town Hall on Saturday night was in every way one of the most enjoyable ones that the Ashburton public have had the pleasure of listening to for a long time. From the commencement of the performance to its close Mr and Mrs Hart kept their audience in continual roars cf laughter, their acting being so thoroughly genuine and life like in the many parts undertaken by them. They were particularly happy in the comedy “ My Wife s Relations,” and their remarkably clever changes in costume and character brought forth hearty applause from the audience, Mr Hart’s banjo solo was extremely well rendered, and the comic songs by himself and Mrs Hart were inimitable. ‘ Molly s Dilemma or Irish Courtship," ending with the Double Irish Reel brought the entertainment to a close. Mr Hart announced an entire change of programme for tonight, and we can assure those who w_jsh to spend a happy time, as they cannot do better than fill the Hall again on the last appearance of the talented family. The specialities for to-night will bo found in our advertising columns. Fatal Accident. —Says an Oamaru telegram :—Longman, a farmer on the Tables, was killed by the wheels of a threshing machine passing over his body ( on Friday night.' He was in the act of jumping on to the machine when he got entangled in the reins and was jerked off 1 He was unmarried. 1
DISTRICT COURT., Ashburton Guardian, Volume 2, Issue 363, 6 June 1881
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