(Before His Honor Judge Ward.)
Jones v Mcßae, c'a'm L3s.—Mr Wilding for the plaintiff ; Mr Corr for the defendant.—Mr Wilding objected to the defence, which he alleged had been filed two days late.—Mr Corr having replied, Hia Honor said that considering the character of the defence, which could not have taken the other side by surprise, he would admit it.—Mr Wilding briefly stated the salient points of the case, which had been before the Resident Magistrate’s Court, when the Magistrate nonsuited the plaintiff.—Thomas Jones, the plaintiff, recollected January 7th last, when he rode a horse into Ashburton. He had tied hia horse up outside the Somerset Hotel and went inside the house. Some time afterwards "ho left the hotel under the influence of drink and met the defendant. Witness had some indistinct recol
lection of a trotting match having taken place between his and the defendant’s horse. The following morning, when he came to hia senses he found himself lying at the side of the road between Tiawald and the Ashburton bridge. He proceeded
to defendant’s stable and the defendant told him that he (defendant) had sold hia (plaintiff’s) horse. Witness was not sober at the time —To Mr Corr : Witness had been in New Zealand about 19 years. He was not a good judge of horses. He believed he had ridden in the trolling match himself; he cmld not recollect anything about a wager connected with the match. He had possession of defendant’s horse ; witness believed he had sold the horse, but could not say at what price or whether he received anything at all for it. He was very drunk at the time of the sale. Ho could not swear that the signature appended to the receipt produced was his. If he had signed the document he had done so while under the influence of drink. The receipt produced appeared to have been signed on January 16. He believed he had received some money on that day. On January 7th, Hill, the landlord of the Somerset Hotel, had offered witness L 6 10s for the horse Witness was very drunk when he met defendant; he could Lot say how many quarts of beer he had t iken. He would have sold the horse for L 8 or L 9 He would have taken this price on account of hia drunken condition and want of money. [His Honor: One usually brings about the other.] Witness thought he could be drunk without the defendant knowing It. [Mr Corr; Your Honor, he is almost too many for me ] He did not recollect that anything had transpired in the R.M. Court about a sum of L2 10a. He valued the horse at LlO ; in some hands it might be worth L2O. Defendant’s horse was a good old slave; witness could not say if it would carry him ten miles a day or not ;it might fall down. He had had no drink this morning, Could not say if defendant’s horse was a raaro or a gelding ; his own was a mare. [His Honor remarked that the name “James Mcßae” had been filled in the receipt exhibited after the bulk of the writing.]—T > Mr Wilding ; Witness was a stranger to Ashburton. Defendant had valued the horse at L 8 10s. —James Gudsell said that he knew the plaintiff by sight. Witness had seen him frequently about Tinwald early in January Sometimes he was drunk, and at others nearly sober. Witness had seen him about nine o’clock one evening Iving at the side of the Tinwald road “stupidly help'essly drunk.” [His Honor aske i Mr Wilding what the witness was called for. Mr Wilding replied that t e would be able to fix the date upon which (he witness had seen the plaintiff lying on the road.)—James Heseltine raid he iTad seen the plaintiff and defendant riding a short distance from one another on the Tinwald road about January 9 or 10. Witness could not swear that the plaintiff was drunk, but he appeared to have had some drink.—To Mr Corr : The plaintiff did not appear too drunk to know whit he was doing ; he talked rationally. —F. Lewis said that he had seen the accused about January 15 He was then lying at the side of the road. Witness could not say whether he was sober or not. — [Mr Corr: I have no question to ask the witness, your Honor.—His Honor: I should think not ]—Thomas Jones, the plaintiff, .recalled, said it was the evening following the trotting match that ha slept on the side of the Tinwald road.—J. J. Oaygill, solicitor, said that in the Resident Magistrate's Court the defendant had said he would not taka Ll 5 nor L2O for the horse procured from plaintiff, but if hard up might take LlO.—This closed the case for the plaintiff, and Mr Corr called the following evidence for the defence: James W. Mcßae, the defendant, said that on Jan. 7 the plaintiff had offered to sell to him the horse, subject of the pre-_ sent action. Witness declined to purchase as his stables were full. Plaintiff had challenged him to a trotting match, and ultimately it had been arranged that the parties should exchange horses and determine by a trotting match who should pay the other 50s. The match took place, and witness won. A referee was appointed and judged the match. The plaintiff was perfectlysober prior toandduring the race, and had promised to pay the 50s as soon as ho earned the money. Witness thought he had secured slightly the better of the exchange, to the value perhaps of about 30s. —To Mr Wilding: Witness valued defendant’s horse at about L 8 10. —Gilbert MoOandiah, said he had met the plaintiff and defendant at the stab es of the latter about 11 o’clock on the morning of Jan. 7- The plaintiff was apparently sober, and the parties had agreed to exchange horses and determine by a trotting match who should pay the other 50s Witness acted as referee ; the plaintiff did not ride well, he appeared veryexuited, and wished to push his horse on. [His Honor : That surely is not unusual in a race You do not mean that he wished to get off and push behind ] —The parties appeared satisfied with the result of the race. Witness brought plaintiff’s horse into the defendant’s stable and the plaintiff took possession of defendant’s horse.—To Mr Wilding : Towards the end of the race the plaintiff appeared a little elevated. Wit- I
ness knew both parties slightly.—To Mr Core : Previous to the race the plaintiff had asked witness not to be particular about his (plaintiff’s) horse breaking.— George Phillips recollected January IGth last. On that day plaintiff had sold a horsp to Mabin. Witness saw Mabin pay plaintiff three LI notes, and a cheque for LI. The plaintiff was perfectly sober,— To Mr Wilding : The plaintiff had sent witness to defendant to ask if the latter would buy the horse. Witness had seen the receipt produced written, and afterwards signed the plaintiff. Witness could not say who wrote it. —[Mr Wilding : Were you drunk ? Witness : No ! but I think that a very rude remark.] Plaintiff did not at the time appear to have been drinking.— James Mabin gave evidence as to the purchase of the horse from the plaintiff.—To Mr Wilding: At the time of the purchase the plaintiff w s perfectly sober. Witness'had bepn authorised to purchase the horse for defendant. Defendant had written the body of the receipt.—George Scott said that early in January the plaintiff had offered him a horse for sale.— Counsel decided not to address the Court. —His Honor said the whole case turned upon the question whether the plaintiff was sufficiently sober or not to transact business. It append to him (His Honor) that the plaintiff wasas sober as a mq,n of his habits usually was. The verdict would bo for the defendant with costs. In Bankruptcy. ORDERS FOR DISCHARGE. Hi J, A. Peresoq-rThece waa no ap-
pearance in support of the application, and the case was struck out.
lie Tale, Rolston and Anthony—Mr Crisp appeared for the bankrupts, and, on his application, the case was ’adjourned till next Court day. PUBLIC EXAMINATIONS. Be W. T. Davison—The wife of the bankrupt sai l that she had received L 5 from her husband on the day he filed. Sho had spent it in household necessaries. —The debtor, examined by the Deputy Official Assignee, said he had filed on January 28. At that time ho had only LI in hand. He did not bank all his cash takings; some part was required for current expenses. The bankrupt was subjected to a severe examination at the hands of His Honor, and the public examination declared closed.
Re John Stephens.—There was no appearance of creditors, and the examination was declared closed. APPLICATION OF OFFICIAL ASSIGNEE.
The Deputy Official Assignee applied for orders relieving him of his duties in respect to a number of estates, but the Audit Department not having furnished the report to the Court the applications were adjourned. ADMISSION OF PROOFS. Mr C. W. Purnell applied on behalf of the County Council for orders to admit claims for rates against the estates of R. McKerrow and J. Mann.—The Official Assignee not offering any objection, the orders ware made. The Court then ajonrned.
Permanent link to this item
DISTRICT COURT., Ashburton Guardian, Volume V, Issue 1510, 10 April 1885
DISTRICT COURT. Ashburton Guardian, Volume V, Issue 1510, 10 April 1885
Using This Item
See our copyright guide for information on how you may use this title.