RESIDENT MAGISTRATE’S COURT.

Ashburton Herald, Volume II, Issue 593, 6 March 1880, Page 2

RESIDENT MAGISTRATE’S COURT.

ASHBURTON— Friday, March 5.

(Before Mr. F. Guinness, R.M.) CIVIL CASES.

C. Braddell v. H. B. Johnstone.-—Claim L 8 16s. 2d. Amount paid into court. Costs allowed, Ll 3s. Poyntz v. Prosper.—Claim L 6 16s. 2d S. E. Poyntz deposed to the "amount being due. The defendant, who was very deaf, after a deal of shouting to make him hear, explained that the claim ivas for stakes delivered, and the dispute between the parties ivas as to ivhether the stakes ivere delivered inside or outside the bush, the value being 9s. per 100 in the bush, or 11s. outside. Defendant swore to the delivery outside the bush. Judgment for L 5 14s. 2d., and costs Ll 11s. A COW CASE. Little v. Duffy.—Claim L2O, for breach of ivarranty in purchase of tivo coivs. Mr. Branson for plaintiff, Mr. O’Reilly for defendant. Robert Little, sworn—l purchased two cows from defendant for Ll 3. The receipt produced was signed by Duffy, who delivered them. They ivere sold as being in calf. I have had them ever since. One of them has not calved. I saw the cows in Duffy’s paddock on January Bth, and thought they ivere both springing. I agreed to gii r e him Ll 3 ivhen they ivere delivered at my house at the Hinds. They ivere brought to me on the 10th. I have had to hand feed the coiv, ivhich has not calved. The cost has been about L 4 4s. The other cow gives about four gallons per day. I don’t think the coiv would fetch more than L 3 noiv.

By Mr. O’Reilly.—My attention was nut drawn to the cow being in milk by Hickey. I tolcl him to tell Duffy I wanted to see him. I can swear the cow was not in calf when delivered to me.

For the defence, William Grow, farmer, Coldstream, deponed to seeing the cows three days previous to Little buying them. They were both in calf, and ought to have calved about a week afterwards.

By Mr. Branson—The cows were in a tussock paddock which had flax in one corner. Cows will sometimes plant their calves in flax. I have a calf in my paddock which don’t belong to me. It came out of the paddock in which the cows were three days after the cows were sent away, and it was about three or four days old. I did not tell or send word to Little till Feb. Bth.

John Hickey, laborer, deponed to Little having told him to tell Duffy to come and take the cow away, as he thought she had calved. I don’t know much about cows myself.

Rosanna Paget deponed to having seen the cow in question out of Little’s paddock, and being chased about. P. Duffy, the defendant, also gave evidence.

Counsel having addressed the Bench, his Worship said that from the evidence it was plain to him that the cow had calved previous to the sale, and although she may have been sold in ignorance of the fact, he would give damages for the difference in the present value of the cow, L 3 ; for the extra feed of the cow for eight weeks, Ll 4s. ; loss of milk, Ls—total damages Ll2 45., and costs L2 Bs.

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(Before Mr. F. Guinness, R.M.) DRUNK. Alexander Allen was fined ss. for being drunk.