MAGISTRATE'S COURT.

Lyttelton Times, Volume XXV, Issue 1631, 8 March 1866, Page 2

MAGISTRATE'S COURT.

CHRISTCHURCH. Wednbsdat, Mabch 7. (Before C. C. Bowen, Esq., R.M.) Wm. Jointon, charged with being drunk, was fined ss. Phoebe Chadwick, an old offender, charged with drunkenness and using obscene language, was fined £5. CIVIL CASES. Oeam v. Geegg.—Claim for £21 lis. for hotel bill, including damage done to furniture, Ac. £16 10s. was paid into Court. Mr. Garrick appeared for plaintiff; Mr. W. Williams appeared for the defendant. Plaintiff deposed as to the various items in the account, and defendant disputed a portion of them. His Worship gave judgment for £18 3s and costs, including the money paid into Court. Stewaet v. Rossee.—This was a claim for £60 the value of a horse alleged by plaintiff to have been sold by him to defendant.

Mr. Garrick appeared for plaintiff,- Mr. Slater for defendant.

Plaintiff deposed that he entrusted a horse to Mr. Barnard for sale, and guaranteed that it would draw three tons. The horse was sold for £60 to defendant, and stood the trial, but the money had not been paid. Cross-examined: Defendant wanted to buy the horse before the sale, but witness never guaranteed it under six yeara old and sound.

A witness named Dale, deposed that Eosser bought the horse at the reserre price, at Barnard's sale-yards. Another witness deposed that the defendant expressed himself perfectly satisfied with the trial of the horse.

Defendant deposed that the horse was sold with a verbal warranty, that it afterwards proved to be broken-winded, and that it was re-delivered. Cross-examined: He bought the horse of Mr. Dale, at Barnard's sale yards, but said nothing to him about trial or warranty. Directly afterwards, he saw Stewart, and spoke to him, when Stewart warranted the horse sound, and under six years old, but no one but himself heard the warranty given. Plaintiff said he would give a written warranty. Re-examined: Previous to the horse being at Barnard's, witness had negociated with plaintiff to buy the horse, when he said in presence of witnesses, that he would warrant the horse sound and under six years old. George Young deposed to seeing plaintiff and defendant together on the Tuesday before the sale, near the White Hart. Stewart said then, that he would give a written warranty with the horse.

Isaac Parrish deposed to seeing the horse on 26th February, two days after the sale, when it" was going up-hill, and appeared to be broken winded. He and Mr. Eosser were subsequently satisfied that this was the case. Witness examined the horse's teeth, and judged that it was over six years old. Cross-examined: Witness could swear that the horse was over six years old. Ee examined: The horse was not worth more than £35. Plaintiff recalled, said that he never at any time warranted the horse. Mr. Slater addressed the Bench for the defendant, and said that if any doubt existed in his Worship's mind as to the re-delivery of the horse to a properly authorised agent of the plaintiff, he would no doubt think fit to give judgment for £35 only. Mr. Garrick also addressed the Bench for plaintiff, referring his Worship to Chitty on Contracts and other authorities. His Worship, in giving judgment, said, " On the evidence it is quite clear in this case that the defendant took delivery of the horse; it is also quite clear that the horse was not sound. lam not satisfied as to the warranty at the time of the sale, nor above all am I satisfied that it was redelivered to plaintiff. I must give judgment therefore for the amount.