MAGISTRATE’S COURT

Southland Times, Issue 19458, 23 January 1925, Page 9

MAGISTRATE’S COURT

civil claims. YESTERDAY’S SITTING., At the Magistrate’s Court yesterday morning before Mr G. Cruickshank S.M., judgment for plaintiff was given by default in the following casesMathesons Ltd v. Ernest John Baker for £4, costs 13/-; Lewis’s Ltd v. G. Stephenson for £l/6/6, costs £l/2/-; Lewis’s Ltd v. J. Grant junr., for £22/14/2, costs £3/16/6; Commissioner of Taxes v. John Mann for £61712/10, costs £2/8/-; Commissioner of Taxes v. William Henry Gregory for £l/6/4, costs 11/-; Southland County Council v. Mary A. Morton for £55/19/4, costs £2 8/-; Southland County Council v. J. Sbeddon for £45/10/7, costs £l/19-; Southland County Council v. J. R. Watt and T. N. Watt for £35/17/1, costs £2/7/-; Todd Bros, Ltd v. R. Ferrier for £lB/4/-, costs £2/14/-; S. & 0. Co-op., Timber Co. Ltd. v. Wm. Grant-Ussher for £3/17/9, costs £l/5/6; S. & O. Co-op., Timber Co., v. T. W. Cooke for £7/13/2, costs £2/0/6; N.Z. Loan and Mercantile Agency Co., v. John Leonard for £l4/12/6, costs £3/5/6; Reid & Gray Ltd., v. H. Keen for £B/14/1. costs £l/14/6; Reid & Gray Ltd v. Chas. Gutsell for £l/10/9, costs £l/0/6; Todd Bros Ltd v. A. J. Ball for £l/15/6, costs 8/-; Todd Bros Ltd v. J.N. Wood for costs 8/-; Todd Bros Ltd v. J. Matthews for £2/16/5, costs £l/8/6; S. & O. Co-op. Timber Company v. H. J. Mulqueen for £l5/18/10, costs £2/14/-; Charles Rattray v. Frank Paterson for £5/14/6> costs £l/10/6; Lucy Jane Newton v. Frederick J. Webb for £24/13/6, costs £3/11/6; Lily Eddy and Agnes Wood v. Frank Coutts for £l4/4/-, costs £3/14/-; M. F. Woods v. Harry Mulqueen for £l9/0/2, costs £2/14-; Harold Dyer Preston v. Johanna Mooney for £9/8/1, costs £3/0/6; Parkinson’s Ltd v. J. Davies for £2O, costs £2/14/-; Standard Insurance Co. Ltd v. John Hayes for £l/14/-, costs 8/-; The Standard Insurance Co., v. M. Lavelle for costs 10/-; John Penny v. Kenneth Thornhill for £6/10, costs £l/10/6; Thomas Rose v. Robert Robertson for £lO/10/10, costs £3/4/-; D. C. Hamilton v. Herbert Watson for £lO/2/7, costs £l/4-; The Commercial Union Assurance Co. v. J. & A. Grant for £l5/19/9, costs £2/14/-. PAYMENT OF PREMIUMS. The London and Lancashire Insurance Co. (Mr B. Hewat) claimed from William Irwin Wallace the sum of £4/18/- being payment due as premium on an Employers’ Indemnity policy. John F. Dundas, Invercargill, agent for the Company said that the amount had been carried forward as unpaid in his books for a considerable time. He had interviewed defendant and in witness’s opinion defendant was confusing the policy in question with another. Defendant was unable to produce any proof of payment and His Worship in upholding the full claim with costs £l/11, said that defendant appeared very uncertain as to whether he had paid the amount or not. STALLION OWNERS’ CLAIM. Michael O’Rourke (Mr G. Broughton) claimed from John Caird (Mr A. B. Haggitt) the sum of £6/6/-, being payment due in respect of service to defendant’s mare by a stallion named “Cleopatra’s Heir,” the property of plaintiff. Michael O’Rourke said that he made an agreement with defendant for service by his stallion. The agreement was “no foal—no pay,” but provided the mare was proved in foal, witness was entitled to payment. The fact that the foal was prematurely born did not affect the contract. Evidence as to the probable cause of the abortion was given by Mr John Miller, Veterinary Surgeon. John Caird, farmer of Woodlands, stated that his arrangement was that plaintiff should come back a year after the service had taken place. If the foal was alive and with the mare, the money was to be paid. He had worked the mare while she was in foal, but that was the practice amongst all farmers. Evidence as to the amount of work done by the horse while in foal was given by defendant’s son. His Worship stated that defendant had not conclusively proved that a special arrangement had been made. No man in his ; right sense would make an arrangement of that sort. Judgment was given to plaintiff for the full amount of £6 with £4/3/costs. PAYMENT FOR FARM IMPLEMENT. Todd Bros of Invercargill (Mr S. Ritchie) claimed from P. Beggs, farmer (Mr Stout), the sum of £l6/1/9, being payment for goods received by defendant from plaintiff. Peter Begg said that in November 1923 he bought a second-hand plow from Todd Bros, Dee Street, for £25. It was arranged that plaintiff should make a lift for the plow to be used in conjunction with a tractor witness was about to purchase. The plow was duly delivered but the lift was useless and would not work. The lift was taken to Chandler’s Blacksmith’s shop in Otautau, and altered, but it was no better. Afterwards he bought another lift, and seeing plaintiff’s manager, Mr I. Carr, told him that plaintiff’s lift was useless, and might as well be taken back. A week later he received a lawyer’s letter. To Mr Ritchie: He was negotiating for a tractor at the time of buying the lift. He did not say the lift was for attachment to a Fordson tractor. His tractor was made by Case. Alexander Smith, ploughman, said he was accustomed to work a lift made by Todd Bros with a Fordson Tractor. He saw the lift supplied to defendant and it was obviously useless. The general design was correct but the measurements had been wrongly taken. Henry Livingstone Chandler, mechanic of Otautau, gave evidence as to an attempt he made on behalf of defendant to adjust the lift. Ivor Carr, manager for Todd Bros Ltd, said that in November 1923, defendant spoke to him about tractors. Later he sold defendant a plow and a lift. It was understood that the lift was for a Fordson tractor. Witness had attempted to see defendant out of the difficulty, but defendant had purchased another lift, and had failed to interview witness on the matter. After hearing evidence as to the adaptability of the lift for a Fordson tractor, His Worship said he was satisfied the lift bad been of no use and that plaintiffs were not entitled to payment. Judgment would be given for defendant with costs £5/12/-.