MAGISTRATE'S COURT, COLLINGWOOD.

Colonist, Volume LI, Issue 12648, 20 September 1909, Page 2

MAGISTRATE'S COURT, COLLINGWOOD.

THURSDAY, 16th SEPTEMBER. (Before Mr J. S. Evans, S.M.) A. King (Mr Hayes) v. Collingwood County (Mr Maginnity). This was a claim for £121 6s, balanco due on a contract for road formation. The plaintiff had formerly sued for £141 6s, but tho case had been referred to arbitration, the disputed part of the work being estimated at £20. The arbitrators ordered tlio plaintiff to do certain work (valued at about £12) but he refused to do it and so brought a fresh action for the £121. His Worship delivered a reserved judgment, holding that the aribtration agreement had set the terms of the contract at large, and mado tlie £121 payable immediately. Judgment for the plaintiff for the full amount claimed, with £10 14s 6d costs. J. W. Ferguson (Mr Atkinson) v. IVilconer and Co (Mr Hayes) a claim of £< Is for damages suffered through the alleged wrongful seizure by defendants of stock over wliich they held a bill of sale, and also ■through the non-payment at the duo time of moneys agreed to be paid for ■stock bought by plaintiff. After a lengthy hearing his Worship held that tho seizure of the stock was not wrongful, and that the plaintiff had no cause of action in respect of tlie rest of tho claim. * Judgment for defendants with costs. James Hargreaves "(Mr Houlker) v. Thos Hawthorn (Mr Hayes) a claim of £12 8s 3d admitted to be duo by •a letter from defendant to plaintiff. Mr Hayes submitted that the lettor was not an account stated (as set up by plaintiff) and that it could not be sued on, as it was only evidence of ■some other oause of action. After argument Mr Houlker elected to take a nonsuit, and the plaintiff was nonsuited with oosts £1 lis 6d. Stephen Harvey (for whom Mr Hayes appeared) pleaded guilty to a charge which had previously baen before the court, of permitting cattle*to wiandeo* at large, and was fined 5s and oostos. •