MAGISTRATE'S COURT

Otago Witness, Issue 3265, 11 October 1916, Page 5

MAGISTRATE'S COURT

Tuesday, September 26. (Before Mr J. R. Bartholomew, S.M.)

Judgment was given for plaintiffs, by default, in the following cases: —K. E. Kindley v. Alfred Riddell, claim £5 10s, balance for board and lodging (costs 8s) ; F. E. M'Lean v. James Barr (near Christchurch), claim £3 10s, for board and lodging' and stabling (costs 14s); Mills, Dick, and Co. v. A. J. Moore (Waimate), judgment for costs 3s; Drapery Supply Association v. John Stewart (St. Kilda), claim £3, balance for clothes (costs lis).

Thursday September 28. (Before Mr H. Y. Widdowson, S.M.)

Judgment for the plaintiff by default was given in the following cases : —William Hesson v. William Meffen, claim £3 18s sd, for goods supplied, with costs (12s); Maud Elizabeth O'Oonnell v. Gertrude Curtis (Wellington), claim £2, money lent, with costs (14s) • Elizabeth Sarah Courtis v. F. M'Bride, claim £5 12s, rent due, with costs (£1 3s 6d); John Moroney v. Robert Clarkson, claim 12s 6d, lor goods supplied, with costs (lis) : Johnston, Sons, and Co. v. Harrv Brignell Sutcliffe (Morton), claim 10s, balance owing for books supplied, with costs (ss); same v. Arthur Frederick Lucas, claim £2 2s, for books supplied, with costs (10s); same v. Loyal Millais Smith (Sydenham), claim £3 7s 6d, books supplied with costs (10s); same v. Thos. Ashton Coates (Otaki), claim £2 2s, for books supplied, with costs (10s); same v. William Middlemas Douglas (Hawera), claim. 5s costs; same v. Cyril Cecil Wright (Wellington), claim £2 2s, for books supplied, with costs (lis); same v. Harold Bott (Dannevirke), claim 17s 6d, balance owing for books supplied, with costs (ss); same v. John Fisher, sen. (Nelson), claim £2, balance owing for books supplied, with costs (10s); same v. Charles Harold Ogden (Masterton), claim £3 53, for book 3 supplied, with costs (10s); same v. John David Simpson (Patea), claim £2 7s 6d, for books supplied, with costs (10s); same v. James M'Crea (Wellington), claim £1 2s 6d, balance owing on books supplied, with costs (ss); Peter Miller v Duncan M'Diarmid (Waitati), claim £5 ss, for saddlery supplied, with costs (£1 3s 6d). Defended Cases. —Alexander Gillies (Mr Dawson) sued Benjamin Joseph Lcadbetter (Mr Hanlon), for £2 6s Bd, cost of replacing articles alleged to have been removed by the defendant from the plaintiff's promises upon giving up possession of them. —The plaintiff gave evidence in support of his claim. —The defendant denied having removed anything from the premises.—The magistrated non-suited plaintiff, with costs £1 lis. —William Arthur D'Oridant sued Dennis Bros. (Christchurch) for £2 4s 6d, for fish sold to them.— Tho evidence of the defendants was taken in Christchurch,' and was a repudiation of the transaction, while tho evidence of a witness from the Freezing Works at Port Chalmers was a contradiction of the evidence taken in Christchurch. —The Magistrate held that the plaintiff was entitled to judgment for the amount claimed with costs (6s). —Mr Wilkinson, instructed by a Christchurch firm, appeared for the defendants, and the plaintiff conducted his own case.

Tuesday, October 3. (Before Mr li. A. Young, S.M.)

Judgment was given for plaintiffs by default in tho following cases: —Agnes M. Riddle v. Alexander Ronnie, claim £8 5s sd, on account stated (costs £1 4s 6d); John Thomas Wotten (Balclutha) v. George Henry Hall, judgment for £5 Is Id (costs £1 4s 6d; Thomas F. Feltham v. Captain Thomas J. Gardner (Wellington), claim £6, for clothing supplied (costs £1 4s 6d); Samuel Jarvis v. Stewart Wileon (Timaru), claim £2 6s, for clothing supplied (costs 10s); A. Garden v. T. Collins (Featherston), claim £1 14s 6d, for mercery supplied (costs 6s); A. Moritzson and Co. v. F. M'Kcown and Co., judgment for £2B 19s, for produce supplied (costs £3 9s) ; James Clark (Portobello), v. Grey Dick (Portobello), claim 53, balance owing for work done (costs 7s) ; Margaret Mary Murchland v. E. Ebzery, claim £2 ss, judgment for costs only (8s); Charles Martin v. Samuel Coard, claim £3 ss, for goods supplied (costs lis). A Farmers' Dispute. —Andrew M'Gill, of Brighton road, Green Island, for whom Mr Irwin appeared, claimed from James Walker, of Brighton, £8 16s 6d, special and general damages over the sale of a cow.— Mr E. J. Smith appeared for the defendant. —Tho statement of claim set out that on March 16 Walker sold M'Gill a cow for £7 10s, warranting that it would calve in a month's time. Tho cow had not since calved, and plaintiff had kept it for fivo months and a-half, buying butter and milk to tho value of 4s 6d per week during that time. Ho claimed £3 16s 6d special damages and £5 general damages. The case turned on tho point whether the alleged guarantee as to calving had actually boon given.— Mr Irwin said that when tho cow did not calve defendant agreed to give plaintiff another cow for it, but ho subsequently ■Wngcd his mind, and would not exchange.

It would have been worth 10s a week to M'Gill if the cow had calved.—Gordon Thompson, Green Island, said Walker had offered M'Gill a cow that would calve within a month. Walker offered to bet witness that the cow would calve in that time.—Defendant and his wife gave evidence that what ho had said about _ tho cow calving was an expression of opinion only, and not a guarantee. —Mr Smith, for tho defence, contended that no such Warranty as alleged by the plaintiff had been given, and also that the correct measure of damages was the difference between the price actually paid for the cow and her market price when proved not to be in calf. —The magistrate upheld that contention, but considered that tho weight of evidence was in favour of the plaintiff. He assessed the damages sustained at £4, and gave judgment for that amount, with costs (£2 15s).

Thursday, October 5. (Before Mr H. Y. Widdowson, S.M.)

Judgment by default was given in tho following cases: —T. G. Auld v. George Bruce Coutts, costs only (3s); P. Hayman and Co. v. Henry Good (Oamaru), claim £29 lis, for goods supplied (costs £2 14s); Miss H. D. Hanson v. H. W. Belfield (Raven3bourne), balance of costs and solicitor's fee (6s); A. Garden v. D. Pickering (Wylie's Crossing), claim £4 13s 3d, for mercery sold and delivered (costs ss) ; Phoenix Co. v. R. Sullivan (Waimate), claim £3l 12s 7d, for goods delivered (costs £1 3s).