Feilding R.M. Court

Feilding Star, Volume X, Issue 80, 10 January 1889, Page 2

Feilding R.M. Court

This Day. (Before E. Ward, Esqr., HM.) Kirton & Curtis v. J. W. McDuff.— Claim j-2 10s. Same v. John Turner. — Claim 15s. Mr Prior for plaintifts in both cases. Verdicts for plaintiffs in each case with costs. \V. Jones v. Tapita. — Claim £1 7s, for work and labor done. Mr Sandilands, for defendant, contended the work had not been completed according to agreement. Kiwi (Tapita's latest husband) deposed Jones agreed to build and finish a buggy house for 30s ; the house was not finished; 5s had been paid to Jones, and he-had received a basket of potatoes. Verdict for plaintiff for £1 and costs Bs. H. Palenski v. Joughin. — Claim £5. Mr Sandilands for plaintiff, and Mr Prior for defendant. This was a case arising out of a horse swapping transaction. Plaintiff sought to recover the value of a mare (;£4), which he had given defendant in exchange for another horse, which was to be quiet, and fit for a boy to ride. It had bucked his boy off; when witness found the horse did not suit he brought it back to Joughin; told the latter not only did it buck, but its hip was down ; put it in Joughin's paddock, and asked for his mare back ; Joughin refused. Cross-examined by Mr Prior : (Witness described the merits and demerits of the several horses at great length). Arnold Palenski deposed The horse had bucked him off. For the defence, W. Joughin deposed : He wanted a quiet horse for his boy to drive in the cows, and when he saw Palenski he mentioned the fact; the result was a swap of horses — an old mare for a young colt ; had refused to give either a receipt or guarantee ; they parted well pleased, each believing he had got the better of the other. Mr Sandilands cross-examined the witness at some length : Did think the colt had a hip down ; did not take his belt off and strap up the colt's leg; would not swear he did not. Counsel having addressed the Court, The B.M. said nearly all horse cases brought into Court were unsatisfactory. He considered there was a swap, with no guarantee. He feared each one thought he was getting the best of the bargain. Nonsuit was made, and no order for costs. Christopher Brown v. F. Towler. — Claim M 9s 7d. Mr Prior for plaintiff, and Mr Sandilands for defendant. C. Brown gave evidence as to particulars of the claim ; the real amount of dispute was £3 ss, alleged to have been paid for a suit of clothes, charged in a previous account. Mrs Towler deposed : She had paid Mrs Brown £3 5s for the suit of clothes ; Mr Brown was not in the shop at the time ; he had since told her the amount had been placed to her credit. Mrs Brown deposed : She remembered Mrs Towler coming for a suit of clothes for her husband ; did not remember her paying for it ; Mrs Towler paid her some money (£3) in January, 1887, and asked for a Christmas box, which was given; Mr Brown was in Masterton at the time ; the suit of clothes was entered in the book in Mr Brown's handwriting. Verdict for plaintiff with costs, less amount paid into Court. C. Shirlock v. J. Jensen. — Claim .£2 4s. Mr Prior for plaintiff. Judgment for plaintiff and costs 245. W. G. Shearer (for Eade & Venn) v. H. Martin. — Claim 14s 6d. Judgment for plaintiff and costs. Tiie Court then adjourne<\