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MAGISTERIAL

ASHBURTON—THURSDAY,

[Before Mr C. A-J• Wrayj R.M.] POLICE CASES.

William: Cockle, charged with allowing a horse, tol wander at large at Winslow, was fined 2s 6d and costs. —Samuel Hplland, charged with .leaving a dray on a .road, was fined 10s and costs.—Angus • 'McKinnon was fined,'ss and costs^ for cruelly illtreating' a horse by leaving it tied up for a long time unattended,; RAILWAY TRESPASS. Edward Osborne and Samuel Alexander were jointly' charged with knowingly trespassing on the Rakaia-Methven railway by travelling along the reserve on ,horseback.. i ii; George Shan, Railway 'employee, was called but did not appear. The defendants both explained that they were not aware the line was fenced against horse traffic. .The R.M. gave the parties a.caution,,and dismissed the"case. *~ "y" UNSTAMPED RECEIPTS. I W. H. Rule, charged with giving a receipt for over £2 unstamped, admitted the offence. Jas. Tasker was similarly charged, and both defendants were; fined 10s and costs. ■ j

CIVIL CASES. Sparrow vDe Joux, £9 3s—claim for clothing supplied to defendant's son. - Chas. Braddell v Alex. Bird, £2 3s 4d. Verdict for amount claimed and costs in

both cases.—P. Cashan v John Madden

Mr Cuthbertson for defendant, claim £2 2s 3d for cooking and money lent. ( Case adjourned till next Court day. ;

„.--■ , A DISHONORED BILL. ( 1 'F.'Glark vL. Markey, claim £40 16s 9d. For plaintiff, Mr Flesher : for defendant, Mr Crisp. This case arose out of a dishonored bill given by defendant in 1886 and endorsed by Mr Burton, then manager of the Bank of Australasia,' in Ashburton.

F. Clark, the plaintiff, stated the claim was for £31 5s balance on the bill £9 11s 9d interest, he having only received £15 an account since.the' bill was dishonbred. The bill was. payable at the Union Bank, Ashburtonand was hot put through Sis own bank account. The bill was presented by .him when due <and dishonored. ;The bill now being sued- for is overdue over three years. Mr Burton paid £15 in three "different sums, on account of the bill. . ■ i

; By Mr Flesher: Witness and Markey had frequently had many transactions together. The reason iwhy the Bill: was not included in the account was because he always wanted Burton to pay it. \ . / , Mr Burton's evidence 1, taken in AUckland, was then read, being put in by; Mr Flesher. Mr Crisp addressed the Court for the defence, contending that his cliont had never been 1 asked to pay this honored bill before, though so long overdue. . ' ,-

Mr Crisp called L. Markey, who ■ deposed that he remembered signing; the bill at night, to. Mr Burton, who stated it was for £20 to pay his hotel bill, and it was urgent, as Burton was removing to Dunedin next day. The bill was signed' ,by aid of a match light, and was drawn on the Union Bank. He was not aware of; this till after the dishonor of it. He would hot have signed it on that bank if he had known. He was never asked to pay the bill by Clark, or given any' notice of dishonor of'it.. Burton's evidence was not true that the.bill iwas for goods igot | from him. He trained horses for Burton and entered them for him, but they never had settlement for all thiß. Clark, Burton, Hicks, and himself were on Dunedin racecourse when Spade Guinea won the Cup, and Hicks lost £100 to Burton who gave an order on E&cksf or the amount of the bill then due, which Clark accepted as a settlement—He never asked for the bill to be held over—The horse, saddle, etc., he got from Burton were on account of the money Burton owed him for training etc. His Worship, after the luncheon, adjournment, gave judgment for plaintiff. JUDGMENT SUMMONS. W. H. Collins and Co. v Williams and Lusk. Judgment summons £18 6s lOd. Mr Crisp for defendant Lusk. Plaintiff gave evidence as to the defendant's ability to pay, and Mr Crisp called evidence to prove the contrary. J. G. Restell believed defendant was not making more ]bhan £1 a week. Defendant had seven children. Plaintiff believed-the case was a "fair and square" one of "won't pay," in which belief the Bench coincided, but it had not been proved that plaintiff was in' a . position to pay. , An. adjournment would be made in the case if Mr Collins wished. The case was adjourned for a month. , . . i : . The Court then rose.

This article text was automatically generated and may include errors. View the full page to see article in its original form.
Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18900619.2.23

Bibliographic details

MAGISTERIAL, Ashburton Guardian, Volume VII, Issue 2445, 19 June 1890

Word Count
736

MAGISTERIAL Ashburton Guardian, Volume VII, Issue 2445, 19 June 1890

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