MOTUEKA MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XXVIII, Issue 243, 21 November 1894, Page 2

MOTUEKA MAGISTRATE'S COURT.

(Tuesday, November 20). Before Mr Wilson Heaps S.M,

Francis Manning v. Richard Tliomas — Claim for the return of a certain spring carb sold to the defendant by one Thomas Thomas and claimed by the plaintiff, or the sum of £24 the value thereof. Mr Harley appeared for the plaintiff and Mr Maginnity for the defendant,

The. case for the plaintiff, who is a wheelright in Motueka, was that he built a spring trap for which Thomas Thomas supplied the iron work ; that the trap was not the property of Thomas Thomas arid that the iattcr had no authority to dispose of the trap. In cross -examination by Mr Maginnity, plaintiff admitted that there were running accounts between him and Thomas Thomas, and that the items claimed in an account served by the latter upon him that morning were owing. He also admitted that the heading of an account in his ledger which had been erased and to which the trap in dispute had been charged, wa,s the name of Thomas Thomas. Messrs Thomas Thomas and John Nodin were also called in support of plaintiff's case, the former stating that as business was slack he had given plaintiff an order to build the body of a trap. He had always used the trap as his own without consulting plaintiff, had let it out on hire, and had eventually sold it to his brother.

Mr Maginnity, without going into the case for the defendant, submitted that the plaintiff upon the evidence already given must be nonsuited. The evidence of Thomas Thomaß taken in connection with the erased ledger entry showed the nature of the transaction. After hearing Mr Harlcy in reply, His Worship held that the trap had been ordered by Thomas Thomas, and nonsuited the plaiatiff with costs £3 13s.