RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 3244, 29 June 1872, Page 3

RESIDENT MAGISTRATE'S COURT.

Friday, 28th June. (Before A. C. Strode, Esq., R.M.)

Reeve v. Davies.—Claim of £6 Is, for board and lodging. Judgment was given by consent for plaintiff for amount claimed, together with costs, to be paid by weekly instalments of 10s.

Reeve v. George Stewart.—Claim of £2 16s, amount of lOU. Judgment was given for plaintiff by default for amount claimed, Avith costs.

Reid v. Black.—Claim of £12, price of a horse sold, and £3 for horse feed. Mr Stout for plaintiff, and Mr Stewart for defendant. The plaintiff sated that defendant took away the horse and said he would come back and pay for it. When plaintiff returned at night he found the horse at his stables, and defendant had never since paid the price of the horse. The charge for horsefeed Avas made for its keep since defendant returned it. Plaintiff denied that the horse had besn taken on trial by defendant. The ' defence set up was—First: That there was j no sale, the horse having been taken on trial j merely. Second: There was no agree-| ment under the Statute of Frauds. The i price of the horse being over £10, Mr Stewart said he would contend that there was no delivery to take it out of the oueration of the Statute of Frauds. Third. That the defendant was an infant. The defendant stated that plaintiff guaranteed the horse would do the Avork required of him by defendant, Avho is a baker. Defendant told plaintiff that he would call doAvn and see about the horse if it suited him. Plaintiff asked, "What do you mean by seeing about it ?" and defendant replied, "Settling about the horse." Defendant's brother took aAyay the horse. He found the hoi\=e on trial to be in such bad condition that it could not do any work. Defendant Avas only 18 years of age. Defendant's brother stated that AAdien he put the horse into an empty baker's van he was started from Maori Hill Avith extreme difficulty ; on reaching the White Horse Hotel, in George street, ho declined to proceed any farther, and witness Avas then obliged to drag him into the adjoining stables. On the way he had to stop several times in order to "give the animal his breath." The defendant's father gave evidence that his son was only 19 years of age. Tlie Magistrate said that Avith regard to the sale ofthe horse there Avas no balance of testimony. Upon the question of infancy, he must say that plaintiff's case failed, owi.ig to defendant's statement being corroborated by his father's testimony. He must say, hoAvever, in justice to plaintiff, that he (the Magistrate) would never, in dealing Avith the defendant, imagine him to be under 21 years of age. Judgment for defendant. Bird v. A. Belmarn.—Claim of 15s lid, for groceries supplied. Judgment for plaintiff by default for amount claimed, Avith costs.