RESIDENT MAGISTRATE'S COURT.

New Zealand Herald, Volume XV, Issue 5130, 26 April 1878, Page 3

RESIDENT MAGISTRATE'S COURT.

Thursday. flieforc R 0 tiarstow, E-q., it.il. I UNDEFKNDKP caheh. Judgment for plaintffa : T. and 11. Cooke v. P. C. Frasi, £1 13s Id; Long Tunnel G.M. Co. v. H. 11. Bartlett, JL'5. Mofflin v. Chuuton. — Claim, £4 10s. Mr. Armstrong for the plaintiff, Mr. Keetlcy for the defendant. This was a claim for horse hire. The defendant admitted JL'2 of the claim, and claimed credit for £1 10s paid. The defence in respect to the remainder was that lie had not hired the horses, &c., on account of which the claim was made. The claim was consequent upon injury to a horse and account rendered to the defendant. The facta upon which the case turned were simple. The defendant denied the hiring of a horso and buggy, and a witness named Payne was put in the box to shew that it was a person nainod Glover who hired the horse and buggy, in respect to which tlic dispute aros f -\ Mr. if. MolUin deposed to the correctness of tlio recount rendered, and the defendant was examined and denied the claim. Ho deposed that he had paid 30s. to Mr. Mofllin. His Worship thought that Mr. MuilUu. had put the saddle on the wrong horse, aud gave judgment for plaintiff for 10s. and costs. Bkahazon v. C. A. llaiikls, senior. —Claim, £4 17s. 9d. Mr. Dufaur appeared for defendant. The plaintiff worked for the contractor to tlio defendant, and obtained an order from O. A. Harris, junior, which order he enclosed in a letter to his mother, but it never reached her. The order appeared to liavo been lost. Tlio plaintiff applied to defendant, who said the order might turn up at any time. Defendant asked witness to wait six months. He subsequently agreed to pay it if witness gave a promissory note, and witnesu agreed, provided there was a memorandum on the back of the promissory note stating that it was not to ho presented. His Worship said lie could not compel tho defendant to pay the order except it was presented and accepted by him, but he thought some arrangement should be made if it was clearly shewn that tho order was lost. Tho plaintiff said the order was now lost for three years. Plaintiff was noniuited with coats.