Resident Magistrate's Court

Southland Times, Issue 9692, 5 December 1887, Page 2

Resident Magistrate's Court

Friday, 3bd Dec.

(Before H. MuCulloch, Esq.. R.M.)

CIVIL CASEB

In the following easeß judgments were givon for plaintiffs by default : — S. A. Paltrier v. 0. Gallagher, for L 3 12a lid, ami costs 18.— R. Morris v. 0. Obary, for L2O, and coals, LI lla GJ. — J. Murdoch v. R. Riddell, tor L43 17d 5 i, and coste, L 2 lie.

DEFENDED CASES. T Miltby v. Win Young. —Mr Finn for piuiutiif atui Mr M^calister for dafeudant..—Ciaim Lls 65,2 balance due for sheep sold by plaintiff to defendant. — This case was partly hoard last week ; the plaiutiifa caaa not being fiuißb.ed.--C. P. Raines deposed that the day Metz^er fih d {he told him (witness) that he had some sheep which he wanted defendant to buy from him. Hamilton, Metzger's buyer, about a week afterwards, told witness to drive the sheep which were at Little Bush to defendant's farm. He went up with Hamilton and they put the stieep, 94 crosabreds and rambs, in a paddock near defendant's place. ' Witness did not see Young. He was paid byjMetzger for driving the sheep. Witness heard after Metzger's bankruptcy from Hamilton that tha crossbred saeep belonged to Fobbinder'a estate. — Thomas Maltby, the p'aiatiff, stated that after Metzger filed be bought all the sheep there might be ia the estate. He went to Young's afterwards and read the receipt to him and told him he had come up to take the sheep away, aa he had bought them. Witneßß asked him what sheep of Metzger's he had on his farm, and be replied that he had 260 merinos which he had agreed to buy at 2s 6d each, and 94 crossbreds at 4s per head. Witness told him he could keep them at that price, as he had arranged with Metzger, but he would have to pay witness for them less the LlO he said he had paid Metzgor when he came to town. . He paid L 26 on account,and said he would pay the balance a^ain. When witness saw defendant again he had settled with Metzger. Witness when be bought the chance of the sheep told the Official Assign nee that he thought some had been stowed sway. T. hi* conqladed the pl&jatjg'l 9*H\

—Mr Macalieter submitted that the plaintiff muat be noDanited as tho Bheep bought by defendant were not the subject matter of the contract between the Official Assignee and the plaintiff. Tbe merino sheep, it had been Bhown, were Bold to Youns before the date of Melzfcer'a bankruptcy, and the 94 croasbrede had been bought by Metzger from Mrs Foabinder after plain tiff's purchase of tbe sheep from' the Assignee, and sold to Young on the sth of November. — His Worabip thought tbat if Melzgor bought any cheep before his bankruptcy wbb closed they would belong to bis creditors, and tbat these crossbreds belonged to tbe estate.— Mr MacalisUr farther submitted that there was no contract between tbe plaintiff and defendant. — — Joseph Metzger deposed that at the dute of his bankruptcy he had no sheep at all. Raines was not authorised by him to take tbe sheep down to Little Bush, nor did he pay him thirty shillings for driving them down. — R. Macleod, Deputy Official Assignee in Bankruptcy, gave evidence as to selling the right to any Bheep in Metzger's estate to Maltby. On the 29th of October he sold all the movable assets in Fosbinder's estate to Mr Tnckar. He believed that they were sold again by him. Ho hid also sold Molzgor'B book debts to Maltby. The balance due for the Bheep was not included in the book debts. — Aftor argument tlm plaintiff waa nonsuited, with coslo, L 2 19$ to tbe He- , fondant. ,

F. VV. -Borne v. C. McKenzie, — Mr Macalieter for plaintiff, — Claim, Lll 19a 61 on a judgment Bummoßß. — The defendant pleaded inability to pay, ond no proof having boen given to the contrary the Oise waa dibinissed.

Wm. Prentice v, G. McLeod.— Mr Macalißter for plaintiff, and Mr Wade for defendant, — Claim, L5 5b sd, bnlauce due for work done. — The plaintiff had be^n in the employ of the defendant at Isla Bank as farm labourer for some years, and when be left there wore several items in dispute between the parties unsettled. — After hearing evidence his Worship gave judgment for plaintiff, with coets, L 2 6J. Jas. Foide v. T. Britton.— Mr Finn for plaintiff. — Claim, L 25s 31, balance duo for fencing done. — Defendant did not admit tho claim as the work had not boen done according to contract. — After tbo hearing of evidence judgment waa given for plaintiff, wilh costs, LI 13s.