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RESIDENT MAGISTRATE’S COURT.

ASHBO RTON— To-DaV.

(Before Mr J. Beswick, R.M.) Drckkenne.ss.--A first offender waff fined Bs. Breach of Bobocgh By-Laws.—lX McMillan was charged with allowing twahorses to be at large in the Wakanui road. Fined 5s and 2s costs. The Alleged False Declaration Case —His Worship said that he had decided to take the further hearing of the case of A. W. Weston, charged with making a false declaration to get Wsname inserted on the electoral roll, on Wedneada Wife* Desertion. —Benjamin Boswell was brought up on a charge of deserting his wife.-Mr Branson remarked that he had just been retained for the defence, and would be glad of half an hours adjournment of the case.—When the case S re-called, his Worship said that he could not take it to-day, and wottld have to adjourn it until Wednesday next— Mr Branson asked that the defendant might ne liberated on the same bnl a» before—Sergeant Felton remarked that Li »r H,, w r h i™ he would not keep the man m the lock-up for the Week. He would be allowed to go, the same hail being accepted. CIVIL GASES. - ; Orr and Co. v. Bowers—Claim, L 7 Se 9d —Mr Purnell for plaintiffs f Mr trap for defendant.-r—This was_ a claim for » Fairbank weighing machine which had been ordered, according to the plaintiff* statement, by the defendant a own mi structions, and which was duly obtained from Christchurch for him. Some three weeks after delivery defendant returned the machine, refusing to take it nnlessthe plaintiff agreed* to alte * the weights. _ This the plaintiff refused to do, as the wmghta were always included with the. machine, and the weights, if not according to defendant’s fancy, could easily have been adiusted to answer the purpose for which the machine was 'wanted— to weigh out flour.—McPherson, in the employment of the plaintiff, examined, said that,.When the defendant ordered the machine, he never said anything 1 whatever about the weights, and he did not, that the witness remembered, say anything about,'wanting a machine similar to machines «wned by Mr Harrison, Messrs Friedlonder Bros, or Messrs Saunders : Bros} Bowers, the defendant, stated that he had ordered a machine in September daat of Mr Orr. He had none m stock-or the kind wanted by the witness. Defendant said he wanted a machine for weighing out 1001 b, 2001 b, Mid BOlh, and defendant ordered a machine of that kind and_ with those weights. Mr Orr »ent him a machine which weighed out 2241 b, 1121 b, and 361 b. Witness subsequently saw Mr Orr, and he said he would get the weight* which witness wanted. But he did 'not change them. He said that:die.saw defendant had got another weigher,/and that he would not, therefore, require to have the weights changed.' Defendant had to get another machine because the [ one procured from Orr’s was no' good to ! him. Told Mr Orr that if he -would change the weights Be would give him a cheque for the machine. —ln reply to Mr Purnell, defendant said it was possible to weigh out flour, in the quantities" re-

quired by him for tirade purposes,' blit it would be very inconveuient to adjust the machine supplied to weigh out the-' flour in the required quantities.—Mr Crisp submitted that the machine supplied was not a machine of the kind ordered. —Mr Purnell urged that the machine having been kept for three weeks by the defendant, that was practically an acceptance of the machine, and to return it after the lapse of such a time was altogether unreasonable. There was no doubt that the machine supplied was the _ machine ordered.—Judgment for the plaintiff with costs. Martin v. Worthington. Claim —L2 19s 6d. Judgment for plaintiff, by default.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18811116.2.16

Bibliographic details

RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume III, Issue 493, 16 November 1881

Word Count
624

RESIDENT MAGISTRATE’S COURT. Ashburton Guardian, Volume III, Issue 493, 16 November 1881

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