S.M. Court.

Manawatu Standard, Volume XLI, Issue 8144, 24 July 1906, Page 8

S.M. Court.

PALMERSTON—T UESDAY.

CIVIL SITTINGS. [Before Mr A. I). Thomson, S.M),

UNDEFENDED CASES. Judgment by default, and with costs, was entered for plaintiff in the following undefended cases:—R. and E. Tingey,

Ltd. (Mr Hankins) v. A. Kelly, £11 3s, costs and fee 30s 6d; Acetylene Gas Co. (Mr V. Baldwin) v. Carl Gagern, £19 19s 2d, costs and fee 42s 6d ; N.Z.

Loan and Mercantile Agency Co., Ltd. (Mr Meatyard) v. Charles Rlackler, JEB9 12s 9d, costs and fee £4 18s; The Public Trustee (Mr Moorei v. J. Sorenson, £6 15s, costs and fee 23s 6d ; Keeling and Mundy (Mr Harden) v. Robert Newth, £1 7s 6d, costs 5s ; H. W. Scott (Mr Macleani v. W. Richmond, £3 161 6d, costs and fee 15s; same v. A. Richmond,

£1 2s 6J, costs 10s

JUDGMENT SUMMONSES.

Hotter Bros, (Mr Moore) v. Walter Goodall, claim £13 lis 9d, amount due. Evidence having been given by judg-

ment creditor as to debtor's financial recourse, the latter, who did not appear, was ordered to pay £12 lis 9d forthwith, in default to undergo 14 days' imprisonment.

Dixon Bros. (Mr Innes) v. L. D. Callaghan, claim £6 14s lid, amount due. Evidence was given by a member of the plaintiff firm. Judgment debtor not appearing, or showing cause for absence, he was ordered to pay £6 6s lid forthwith, in default 7 days' imprisonment. DEFENDED CASES. James Murfitt, administrator o£ the estate of the late Fred. Murfitt, horse -

trainer, of Palmerston N., v. John Black, stable-keeper, Palmerston N., claim for £50, value of a certain mare and damages. Mr Moore appeared for the plaintiff and Mr Harden for the defendant.

In his opening remarks Mr Moore stated that some time before the murder of Murfitt he had had some transactions with the defendant over some hordes, as a result of which Murfitt became the owner of a certain inare. The receipt was not made out in his name, however, but in that of his niece, Miss Davidson. The mare, a racer, was also registered in the latter's name. Murfitt had this done so that his creditors should not know he possessed the mare. He had instructed racing clubs, however, to send sundry winnings to him, After his murder the mare was placed

in charge of the defendant, and subsequently was sent up to a meeting at Auckland. While there, it was alleged, she was sold by the defendant, who knew-perfectly the position of affairs. Sworn evidence to this effect was given by Mr Moore. He also said that he had understood that Miss Davidson claimed the mare as her own, but did not recognise her at all in the matter. The defence, as outlined by Mr Harden, was that the mare in dis- j pute was actually given to Miss Davidson by Murfitt. On more than one occasion she had put in claims for the animal. The case resolved itself really , into a question of ownership. Evidence was given by Ada Davidson and John Black. 'Ihe evidence of the last witness closed the case. Counsel having addressed the Court on a point of law the S.M. gave judgment for plaintiff for £47, with costs totalling i>7 5 s. Andrew Jack, jr. (Mr Moore) v. The Twentieth Century Gas Co., Ltd. (Mr Lewey), claim .612 15s, wages alleged to be due, three weeks at £4 5s per week. Evidence was given by the plaintiff describing his engagement with the firm, and also the work he had been called upon to do.