RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 2679, 7 September 1870, Page 3

RESIDENT MAGISTRATE'S COURT.

Tuesday, 6th September.

(Before A. Chetham Strode, Esq., KM.)

H..Moore appeared to answer an information laid by H. Scott, for the return of a -saddle and breastplate, his property, and purchased by him from Thomas Jones, late •of the Ofcago Hotel. Mr Howorth appeared for the defendant. It appeared from the - evidence that Jones owed the plaintiff some money, and that, in payment of the debt, he transferred to him a horse and the saddle arid breastplate, the'subject of the action, the difference in value being paid to Jones. On Wednesday last Jones went to Scott's stables, and refusing to wait the return of Scott, took the saddle and breastplate away with him, and sold them to the defendant; for lill. The plaintiff applied to Jones to return the articles, who, however, refused to do so, and left Otago on Saturday last. On that proceedings were $aken against' the defendant for their recovery. His Worship said that it was clear that Scott had the prior claim to the saddle, but that unfortunately one of two innocent persons must necessarily suffer for the act of a rascal. The defendant ought to have been more careful in dealing with a man like Jones, although he might perhaps have known his character. He muet, however, suffer, and must return the articles, or pay the value of them to the plaintiff.