MAGISTRATE’S COURT.

Manawatu Standard, Volume LVII, Issue 304, 23 November 1937, Page 8

MAGISTRATE’S COURT.

FARMER’S CLAIM. In the Palmerston Nortli Magistrate’s Court to-day, before Mr J. L. Stout, S.M., Oliver William Prouse, farmer, of Longburn, claimed the sum of £4 18s from Jack Jones, drover, of Palmerston North, arising out of a contract alleged to have been entered into in April last. In his statement of claim, plaintiff, for whom Mr T. F. Relling appeared, made the following submissions: That on April 7 defendant had contracted to drive four cows and five -heifers belonging to plaintiff from Ashhurst to plaintiff’s farm at Longburn, and had taken delivery of the cattle at Ashhurst, plaintiff paying the droving fee in advance; defendant had delivered only four cows and three heifers, and had promised to deliver the other two heifers in a few days; though frequently requested to do so, defendant did not deliver the other two heifers; in July plaintiff had ascertained where one of the heifers was and had got it, but had had to pay 18s for grazing before he could get it; the other heiier had not been recovered and plaintiff had made several fruitless journeys to look for it; it was now worth £3. Plaintiff, therefore, claimed £4 18s, being the value of one heifer, £3, grazing paid, .18s, and loss of time and expense in trying to get the other heifer, £l. Mr G. Tremaine (for defendant) applied for an adjournment for two weeks. Mr Relling sakbtwo witnesses had been brought from 7 Longburn and he must ask for costs: The adjournment was granted. RESERVED DECISIONS. The Magistrate delivered his decision in the case of the Public Trustee, as executor of the will of Robert Jones Stavely, deceased, v. Leslie Harold Newport, in which the Public Trustee sought to recover the sum of 70s on an account stated between Stavely and the defendant, the latter, it was claimed, having given Stavely an 1.0. U. for that sum; plaintiff also sought to recover a further sum of £27 10s, the amount of a promissory note dated July 27, 1928, made by defendant and payable to Stavely six months after date. The Magistrate non-suited the claim, costs being allowed. The Magistrate also delivered his decision in the ease in which Erie Sheward Crawford, farmer, of Linton, claimed from R. T. Griffin, farmer, of Aorangi. the recovery of possession of a draught horse valued at £45, of which defendant took possession in 1937, or, alternatively, plaintiff claimed from defendant £45. The Magistrate, in delivering judgment for defendant, commented that plaintiff would have to sue the original owner of the horse, the animal, before the contract had been completed, having been sold in furtherance of a prior contract.