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THE COURTS.—TO-DAY., Issue 7912, 21 May 1889
RESIDENT MAGISTRATE’S COURT,
(Before Messrs C. Haynes and R. Hay, Justices,)
Archibald Rutherford v. William L. Landers (Kuri Bush).—Claim, L 3 ss, for the service of a mare. Mr Finch appeared for plaintiff; Mr Sim for defendant.— Plaintiff said that ho made an arrangement by which two mares were to be served and L2 5s paid by defendant for each foal, nothing to be paid unless a foal or foals were produced.—Defendant’s version of the bargain was that plaintiff guaranteed a foal to each mare, and if there were two foals the charge was to be L 4; if both mares did not foal there was to be no charge.—Mr Sim contended that it was an indivisible contract, and plaintiff not having fully performed it, could not recover for the performance of part of it.—Judgment was given for L2 6s and costs.—Mr Sim askod the Bench to look at a case he was prepared to quote ou the question of an indivisible contract; but Mr Haynes said that the Bench were quite satisfied as to the merits of the case, and he had bad some experience of these sort of agreements. David Miller v. Charles Wakefield.— Claim, L2 lls 1 goods supplied. Mr Thornton for plaintiff.—After hearing evidence, the Bench said that they were not inclined to decide on the facts before them, and suggested an adjournment until 2.30 p.m., which was agreed to. On resuming Mr Thornton said ho was instructed by plaintiff to withdraw the case and issue a fresh summons in consequence of a mistake in the statement of claim.—Mr Meatyard, who now appeared for defendant, applied for costs.—Their Worships said that plaintiff would be nonsuited, costs being allowed to defendant. William Lane and Co. v, Robert Callaghan (Wanganui).—Claim, Ll9, for ten gross of bottles simplied. Mr D. D. Maconald for plaintiffs.—Judgment by default.
CITY POLICE COURT, Before Messrs J. Robin and R. Chisholm, J.P.s.) Wandering Cattle, Etc.—For allowing horses to wander at large, Ann Georgeson, Richard Gallon (two charges), Colman Burke, Esther Macfarlane Brown (two charges), and Catherine Grant (two charges) were fined Is, with costs. Trespass.— Richard Orimmelt and William Balls were charged by James Reilly, ranger, with trespassing upon certain land at Green Island (occupied by Robert Winkfield) while in pursuit of game.—Defendants pleaded not guilty.—Robert Winkfield said that defendants came upon his ground with a number of greyhounds last Sunday. Defendants were beating the ground, apparently in pursuit of game. The greyhounds were running loose over the ground, and were a great source of annoyance to witness and others. Evidence was also given by Constable Parker, the prosecutor, and a boy named Hardy.—Defendants said that they simply walked across Mr Winkfield’s paddock so as to get quickly on to the road. They were not in search of game, and had no intention of looking for game in Winkfield’s paddock.—The Bench fined defendants LI each, with costs, a fortnight being allowed in which to pay the fine.
THE COURTS.—TO-DAY., Issue 7912, 21 May 1889
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