MAGISTRATE'S COURT.

New Zealand Herald, Volume LI, Issue 1509, 16 January 1914, Page 5

MAGISTRATE'S COURT.

OWNERSHIP OF A HORSE.

Judgment was given at the Magistrate's Court yesterday by Mr. C. C. Kettle,, S.M., in the case in which Harry and Frederick Goldsworthy (Mr. C. J, Tunks), j carriers, of Auckland, sued Ronald John- j ston (Mr. J. G. Haddow), carrier, of Auckland, for the return of a bay mare, valued at £35. The defendant purchased the mare last June from a man named Gee, who had bought the animal from W. Mills in March of last year. In giving judgment Mr. Kettle said he had to de cide whether Frederick Goldsworthy had, by holding out to Gee or Johnston that Mills was the owner, lost the right to recover the horse from either of them. There was nothing in the evidence to show that he had done so, and consequently Gee and Johnston must be held to have no title to the animal, as Mills had none to transfer to them. He therefore gave judgment for the return of the horse, with costs, to plaintiffs. FAILED TO GIVE NOTICE. For a breach of an award in that he failed to give one week's notice of his intention to resign his position, George Hansen, a member of the Auckland Drivers' Union, employed by Winstone, Ltd., was fined £1 and costs. JUDGMENT SUMMONS CASES. In each of the following judgment summons cases, orders, subject to periods of suspension, were made tor immediate payment:—Hill and Plummer, Ltd., v. Thos. Walsh (Auckland), £17 5s 6d ; Jas. Smith v. G. J. Neil (Auckland), £o 5s 8d ; Chas. B. Rossiter v. Joseph Ramsey (Ponby), £3 17s; Upton and Co. v. F. E. Watiing (Auckland), £1 13s; A. W. Page v. J. Fairweather (St. Heliers Bay), £7 14s sd.