Resident Magistrate's Court, Foxton.

Manawatu Herald, Volume III, Issue III, 3 December 1891, Page 2

Resident Magistrate's Court, Foxton.

(Before H. W. Brabant Esq, R.M). Wednesday, 2nd Deoember. civil CASES. C. Honore v C. Hoppy -Claim £5 12s 4d for goods supplied. No appearance of defendant. Judgment for amount with costs 10s. John Walden v John GrahamClaim £25 10s for wood. No appearance of defendant. Judgment for amount with costs 80s. J. A. Perreau v J. AndersonClaim £7 10s. J. A. Perreau claimed a ballance of account for hire of a horse 85s, which has been paid into Court; next item was 15s for a horse collar lent to defendant; third item was £5, claimed for breach of agreement ; defendant was to furnish plaintiff with a cart in place of one lent him ; he had not done so for three weeks ; at end of three weeks he saw defendant's son, whom he told that he came for the cart ; the son promised him a cart that laid at Shannon ; the guard refused to bring cart without the freight ; plaintiff then paid freight ; after then defendant brought back his cart, that was ten weeks after first taking it ; the £5 was made up by charging 4s a week for first 4 weeks and then for 6 weeks he charged 2s a week ; he paid freight 10s ; his expenses and horse 2 days 4s Gd, also 2s 6d per horse and 8s loss of time and 2s ferry. Cross examined by defendant — The collar was worth 20s; had just spent 8s on it previous to lending it ; promised to lend me a dray ; you put a new shaft into it. By Court -We were to ohange drays and defendant was to pay 2s a week ; got a cart at the expiration of 3 weeks and 4 days ; have given receipts for all payments. E. Perreau said that 2s a week extra was to be paid for the cart ; defendant was to lend one in lieu of one taken away. Cross examined — Do not think yon asked plaintiff to take 10s a week for horse and dray. William Anderson said—Remembered plaintiff coming up to bush for his horse and dray ; offered to send dray down that was at the station ; put the cart on the truck; guard refused to bring dray until freight paid ; took it next morning. This concluded the case for the plaintiff. J. Little examined the collar in dispute ; said it was worth 5s now, it was all to pieces ; Tt was not as good as new six months ago ; it is ten years old. John Anderson said the collar went with the mare ; would have returned collar, pnly plaintiff said it was a new one ; had put new shaft to dray ; had paid into Court all that is due. The K.M. said the first item for collar, he would allow plaintiff 2s 6d for use ; as to claim for loss and expenses it is clear defendant owes for hire of cart 5£ weeks — lis 6d, 7s 6d expenses to Shannon and 10s for freight — being a balance of £2 Is 6d in favour of plaintiff in addition to amount paid into court and costs 16s, witness Bs. CRIMINAL. Donald Stuart v Harry Bradcock — Charge of assult. Mr Ray who appeared for plaintiff asked that the case be adjourned as 2 witnesses were unable to appear. The constable was away in Wellington and Mrs Stuart was too ill to appear, having been too much knocked about. H. Bradcock objected to the adjournment, saying Mrs Stuart was abaut yesterday evening. D. Stuart swore that his wife was suffering from effects of a blow she got from Bradcock. Thought last night that she could attend, but found she could not this morning. Mr Ray said he pressed the adjournment because he was unable to go on with the case. The R.M. said the defendant could have the option of adjournment or dismissal. The defendant claimed a dismissal. The R.M. then decided that the case should be dismissed withouc prejudice.