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MAGISTERIAL.

ASHBURTON-7HURSDAY. (Before Mr C, A. Wray, R.M.) crvn. oasfs. J. A. Oygill v Bsi JMn-n Druey, el dm £4 4? — No appearance o c . dtfendai-. Judgment for amount and coatp, W. Campbell t Alex. Turner, oMni £4 13s 91. — No eppearartce of defend?;-*!. Mr Wilding for plaintiff. Mr Puneli for defendant, stated « cr-ss-sction was p ndIng, Hid ssked f>r ix»cuMi>n to be held over till tHs erne woa heard Judgment for plaintiff with costs P. Grace v M. G.iO^, olttlm £13 4i 61. — Oaae adjourned for a Week. J. RobiLSon t D. OairiiO.-LS', claim £2 6». Judgment bUmm>Gß. — Defendant disputed the olaim, and the case was adjonrned for a week to allow the first claim to be re-hc«d. W, Campbell r MrAvey. c aim £8 16a 7d.— Mr Wilding for pontiff. Mr Oria^, for defendant, objected to the case going on, as the atridavit of eervioe of summons had not been filed, bat the Magistrate deolded to go on with the case.— Mr Crisp extm'ned the plaintiff, regarding the set off put m at seme ltn^th — Mr Wilding examined his client regarding tie aocoum m detail, the whole case being one of dispute as to items for work done at various times,— M. MoAvey sworn, denied having agreed to pay 10s 6d for horse shoes on account of Ourry. He had agreed with i Campbell to lend him a horse for 10s per weak, and the horse was away for ilx weeks. Paid Roddick £2 for the good will of the paddock, and also paid Tlsoh £2 for rent for the same, and Campbell had the me of the paddock. Put m the crop for W. Campbell, assisted by three horses and one man. They took a day over it — The witness was examined at length by Mr Crisp as to details of the accounts, which were somewhat complicated. — Cross-examined by Mr Wilding, at length, the witness not being very olear Id some of his evidence regarding tho particulars. — Alex. Turner gave evidenoe regarding the plough, repairs charged for, and said that he was responsible for them to Campbell.— Robinson Ruddlok, junior, deposed that the paddook was rented from his father by McAvey ; the charge of 10a per week for a horse was reesonable. A day was lost m putting m the crop for Campbell al his house for which £2 waß ohsrged.— Mr Campbell re-called, stated that McAvey carried the ooal and Iron from Ashburton m return for repairs done to his dray, and that any time he wanted a draught horse he could have the use of one} as MoAvey's horses were liable to be Impounded, as his land was In orop. Carriage on wheat frdrn the Spread Eagle to Ashburton should be abaut 8d per sack, and this was the prloe sgreed for. Qeo. Argyle, apprentice to Campbell, deposed that MoAvey drilled some potatoes to get afterwards the use of the plough whloh he took away. Campbell only nsed the horse about an bonr. He f( and the horse on the road when he took it for Campbell. — Bdwd. Klppingaie, farmer and carter, exposed that cartage from Aehburton to Spread Eagle should be 10j per ton, and wbeat 7j per bag to Ashburton from Campbell's .— R. S. Benn denied having refdaed to give Campbell oredit'for I ton of coal, be might not have had enough •cretned at the time. — Mr Crisp left the c»«e In the Magistrate's bands. — Mr Wilding addressed the Ocurt briefly for his client, and the R M. gave judgment f<r £5 lls and ocsts. R. M. Cuthbertson v Moneon claim 10s 6d.— Mr Crisp for plaintiff, Mr Wilding for defendant. — This case had been brought at a prevfous sitting of the Court when plaintiff was n n-Buited. — R. M , Oathbertson deposed that the claim was for an agreement between Moneon and Grabam for a seed drill, Monson took tht Agreement away and agreed to pay half the account as the affair whs not completed.—By Mr Wildinj?, both Grahtaa andMbmon were present, and Monson gave the or^er for the egreemeat, — C. W. Parnell deposed that the practice wai for the seller of goods to pay for an agreement unless especially arranged.— Mr Outhbertion produced bis oop- ing book, showing a copy of the account, Bth September, 1887, also an entry m bis diary on 7th Jone, showing 'he agreement to Monsoo, Graham gave some instructions with Monaon about the drill m the effice. — J, A Caygill deposed, that ihe practice was for purchasers to pay for the deeds when an agreement was m&de out. — Mr Wilding raised a non-suit point to which Mr Crisp replied, and the Magistrate decided to go on with the case. Monson deposed that he never employed Mr Oathbertson m any way m legal matters or otherwise, and was sure it was m July that the agreement was made, not m June. He first got a claim from Mr Cathbertson for 10s 6d In the jitreet, but no bill of particulars.— fikd never agreed to pay this olaim to anyone— Cross-examined by Mr Crisp, the document was to be taken by me to Booney for signature, I deny ever receiving any signed bill from Mr Cathbertson. Mr Crisp addressed the Court on the case at some length and the Magistrate gave his decision, stating that the evidence to-day showed the decision on the previous Oourt day wbb given UDder ■ misapprehension of the facts as to the custom of solicitors. He gave a verdict for the amount claimed D£ plaintiff, — Mr Wilding applied for a re-hearing on the ground tbat further evidence would be forthcoming. After argument, the case was arranged to be rebeard m two months' time. The Court then rose.

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http://paperspast.natlib.govt.nz/newspapers/AG18881025.2.15

Bibliographic details

MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 1979, 25 October 1888

Word Count
952

MAGISTERIAL. Ashburton Guardian, Volume VII, Issue 1979, 25 October 1888

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