Untitled

Manawatu Times, Volume II, Issue 90, 29 August 1877, Page 3

By Counsels l did object to his taking the /horse and dray. T^saidif I had not a broken he should not have done so. . „ . George Newman Wood, said— l am a fanner at Motoa ; the horse, dray, etc., m question were originally mine but were sold at my sale ;Dr Rockstrow purchased them for my sister who made them over to me by deed of gift on 19th January last ; they were oh my farm regularly until 16th July. Mr Hadfield once asked me for the use of the horse. On 16th July my brother Tom came back from Foxton-without!-the horse and dray ;he/said-Dr Rockstrow had token them as\he had been waiting . fori his: money for ten months. The following day I went to Foxton, and saw the Dr; ; ' he said to me that the money must ;be .paid. I .said could prove tliat he had been paid, and that he had better give the horse anddray ; back, and I wpu^ then 'threatened to go to Phrcell and "give,- me : in' charge. On-,.: the ' next. Friday:, T went to. Mr McLean', and authorized him" to apply for the things. I never got them back. On Sunday 6th August, I found the horse on the rodd nedr the farm, and put himin one of the paddocks.; About an hour af terwardsaome half dozen young men came up and asked if L had; seen the horse, ; and. wanted 'me 'to- give "him up. I refusedtO do so, and told them to take legal steps if they wanted it. I valuedthe horse" at £25 ; he is about seven / yeajgpkd ; the cart I valued at £10, and theTaarness at £4. I charge detention from 17th July to sth August 16 working: days, and. for the detention of the dray aad harness from :l7th July to Bth August,l9 working days; V Cross-examined by defendant,— l came back from- Wellihgtoh about a ■ month after the sale;; :I f bund the ;hpr,se and dray m my paddock. 'When my sister-made ;pver J theft things to me, I .-> distinctly understood' that r you- were / paid.; After the ; 16th / Juijr wheni you ' • had possession of the hprse and dray, I did not make you any offer for them. You said, tod, m Whyte's Hotel " don't make a bother about the matter, we can set;tle it between ourselves." What I said was, as Hadfield has made a mess of- ; this if you have any claim, 1 ' wbuld;rather pay the thing over again, m preference to taking/the matter into Court. J offered you a bill for £10 ; you asked, if it would be discounted^ I went to Mr Flower and asked him if he Would discount it. He said; if Dr. Rockstrowaccepted it, it would, bY all right. '/; X saidi I was doing; business "with Dr. Rockstrow, I did not say what. I have .; seen the deed of gift, m it the horse is: ■'■ branded 9- on the neck ; I did -this my- - self. 'AA;■.... ;■... Constable Purcell; said he knew the .horse anjrL dray m question. Did not /.cousiderffie claim of £39 excessive, as at the sale he would have gone as high as £35 himself for it. - Some time ago Mr - Hadfield offered the/horse -and/dray to; ; him for £10 • he showed me the sale Bote. -I- refused to ;buy/ unless he de« .: livered it to nie. The usual hireifor a v librse, dray and man m the town is 14s ia day; ; I^do not consider lSs-a^day exvcessiye. - : ■ -'/' ; /; : ■'■:::■' A r- : ■-■';■' : ' - This closed the plaintiff's case. '•'■;; George - Hadfield said^;- He/ywasa/ fai-uier; residing; at Mptoav ■;:'.->K'n'ew-the /hbr'se and dray, the subject- of the aci.-' tion ;;remenibered the Dr; /purchasing : . them :at i Wood's sale./ /Miss; Wood on the. Monday after the sale came to him, , and asked for the IbanN of £10, to re- ;. purchase the- horse : and dra,y from the ■ defendant,; as he waa -going to sell it: that; ; day; T-^ refused, vbut said/I w^; : willing, to buy the horse and dray, -have it branded and taken/to-iiny place; and. :' ■•: give her a: chance of buying: it 'firbm me/ when her brother came back from Wel- ; ;4ingfon;: T: then : ; went' to; the Dr. and /; purchased' the horse and- dray from him .-■ for £10 ■ (receipt produced)} and sold it ; Jjack; againtb him on -the 16th July forf £10 i 5s r : : Previous tp selling I had reVpeatedly asked thejdaintiff^f he would buy them back, i offered it him for £10, about a week before I sold it to - the Dr. ,1 told him unless he bought it by^a/ certain day, I should sell to the did not buy it. When I purchased'the horse and dray from the Dr., I sent one of the Woods down for. them, | and the dray was brought as far as it , could be to my place, and the horse was put mm^ paddock. I never sold them , to anybody but the Dr. .By. Mr McLean— The P.N. was not to be an advance' to Miss Wood to pay the Dr.'s balance.' I believe the horse and dray .'were brought to my place on $Oth October, 1876 ; I worked the horse a little, while, buthe was getting 'fat, so I lent him -and drayto the Woods. ] Once borrowed him, from them ; they 'have had them ever since the sale, with the "exception of three weeks. It is quite possible that they may have had . reason for putting them m my. paddock. -J went with Miss Wood the day I bought the horse and dray from the Dr. She did hot go inside the house. When I came out I told her I had completed the. sale." She said, George would payxne when he came back from Wellington. John Frederick Rockstrow, said'l am amedical practitioner. On the 28th October, 1876, I was present at the Woods' " sale. During the sale Miss Wood said "''lf you "eaai only save' some' -thing for us to get a living with ; " she Baidjr-If the horse, .dray, and plough go, .we shall have -nothing to "till our ground with." I went round to the / people and.told them what I was .going to do. I paid for the dray, horse, har- - ness,-and plough,- £17- 10s. I afterwards offered them back to Miss Wood for the same money,' for cash. I engaged . Thomas Wood to take them to vaj place , jn,;Fpxton. On the Monday following, MMA.Wood came and gave me a cheque * or -38- I aaid-I expected the whole £17 10s, as I • -ra« .short of cash. I told

Miss "Wood it was safer to leave the ! drky with me. Mr G. Hadfield came to 1 me and said he would buy the. balance | ahd re-sell to Miss Wood ; that closed j my transacfibn .with^myself. and Miss ' "Wood. On the 10th JulyMrHadfield ' said he could not get his money from Wood: Tsaid I must v haVe' my money, j He said you had better bring the. dray j back. I did so. A little while afterwards I met Tom Woods with the horse and dray i I asked him if it was the horse and draylhadbbught at the sale. I/took the/horse and dray to my place. He came up a little While afterwards, and asked: for his reinsi I told him I aid not want to make any money by it, but that his sister might have it for-the sum I had given.- I saw G: Wood, who said he had -paid Mr 11 adfield m wages and produce. He madeovertures to pay-; me part on the sth Aug., . and^an^ LO^lP/fe for- the> balance.\ Ii told;; him rwould 'wait four months if he would give me an endorsed P.N. •- o Cross-examined . by.;*Mr^McLeanMiss Wood, I believe, vi consequence of her conversation with /hie, went to Mr Hadfield ; she came with Mr Hadfield. She was not inside vvhen I made the' arrangement With Mr Hadfield ; I spoke to him outside afterwards. I took Mr Hadfield's P.N. It was paid. Ido not . clearly know who-- paidiltne £8. It was hot on account- of the P.N, . I took the horse and dray, but -in^ consequence /of" a rie-Sale by Mr Hadfield to me. By the Court— l sold the horse and dray for £10; not ; £lS, / This closed the defendant's case. Mr McLean then' addressed the Court at some length. In giving judgmedt the Resident Magistrate said^Tffis was a claim by .0. N. Wood - against Dr Rockstrow ; the plaintiff ; claimed a horse and dray ffrom the 'lit: It appeared that on the 28th October 1876, that the defendant with kindly mtentiOns purchased the horse, dray; 'etc., with the ihtientioh of re-selling theni r tb Miss Wood. On the Monday after the sale, Miss Wood left with him a cheque for £8, and afterwards came : back with r Mr H4dfieldJ ; who gave a Promissory iNote/f or £10 sO covering the purchase money. .The horse: and dray were v afterwards m the possession of Mr. Hadfield,^ and some time; m that of/ Mr A}'.-!*. Wood;; -Oh -the 19th January dast, Miss; W^ood handed them over by deed 6fgift r to Gr.N. Wood, then oh the 16th 'July, Mi* Hadfield again soldtp the/ Dr., who took them away from T. "Vyoqd and removed them to his, -premises. On the 1 : c^th August,/ the | hoi'se; was found oil tside by Wood's paddpc-k. The -hdrsie still continues m [ G, Wood's possession, ! he merely.suing for- the hpurp'ose of the Court stating ownership.. It /-is" well known that to make a contract ot sale, [money must be vpaid^ ; The 'whole > appeared \;tolluffl;tob.% •-W6'6d-' ; ;tb^Hr'Ro"ekstrow, r flhe Dr. said he did not /clearly know who the.. £8 had beenipaid 'byr-M^^ evidence m a mpstdadylike manner and nbt m any way biassed.- He must hold that /the £8 was part payment of the £l5 r ; 10s., r and, fclierefore^tnat ; th,e Horse and dray/became the property of Miss ;;Wbod. - -He .should have, to make an order that the dray and harness he re--turne.d.; As regarded; the horse, as it was atpreseht m the ! possession of the plaintiff it did pot; need an order, but he ruledthat it was his property. With regard to the £12 15s; for 'detention, he should/ make ,no order 'as he thought that the^Dr.. had, acted ;well, he had not made' a shilling m the /matter ;he was Sorry he would haYe v to saddle the Dr; ;with'cbstsb;ut he cpiild not do other.ftiseA;./■ AA-:X '-'-■: •'■■ : AA -,'■ '"'•"_;".-" ' : ' ■ -. ;■' given' for the dray and to be returned and tliat the defendant pay the/ costs, viz. , £6 9s .