RESIDENT MAGISTRATE'S COURT

Nelson Evening Mail, Volume XXI, Issue 193, 16 August 1887, Page 2

RESIDENT MAGISTRATE'S COURT

LBefore O. Curtis Esq., R.M.] Hollyman v. Andrews. — Claim for £1 15s j for horse hire. Judgment for amount and costs 7s. T. H. Harley v. Ball— Claim for £9 10s, balance of rent due. Judgment for amount and costs £1 Os 6d. Langley Adams v. Driscoll. — Claim for £6 damages for breach of agreement to ride the horse Zulu at the Nelson races held in Maroh last. Mr C. Harley appeared for the plaintiff and Mr Pitt for the defendant. The cla : m w.-.s based om on ngreement that the defendant, waa (o trai i the plaintiff'a horsp3 and to ridn them afc thi Nflson races. The evidence was of moat contradictory nature, the defendant stating that at the time of the agreement being made there was a verbal understanding that he wns to be paid for riding, and furtber tbat he went to the course pro par;..! and anxious to ride Zulu, for wbioh he expected to be paid. Tha plaintiff eaid there was no understanding abou'j addii ional paymrm, and that the defer.danb refusi d to ride, aud througd ihe refusal he very nearly lost the chance of putting the horse in the race, but at, tlie last moment he got Alexander lo ride. His Worship considered that the agreement only bore one coDstiuction, which was thai the riding was to be included ia the £6 per week charged fo. 1 training. The question was whether the defendant did or did not refute lo rido the horse This, considering the cou'.r.idictoiy nature of lhe e\ldeuce, was very difficult; to decide, but on the whole he wt .< iuclined to thitik th-.t he did, und judgment woull therefore Ij for the plt-ialiff with r sts £2 lis.