SUPREME COURT.

Taranaki Daily News, Volume XXIV, Issue 65, 10 March 1902, Page 2

SUPREME COURT.

Saturday, March Btk.—Before His • Honor Mr. Justice Conolly. CIVIL BUSINESS. -! Jury v. McGarvie. The further hearing of this case was resumed. Mr Wright (Wright and Hutchen) instructed by Mr Spence, of Stratford, appeared for the plaintiff and Mr! Malone for the defendant. Various grounds of defence were set up and a counter-claim made for £2O in respect of a breach of an irnpli* d warranty that certain cows were reasonably fit for daily purposes. Mr Malone, for the defence, called several witnesses, including the defendant and his wife. Mr Wright, in support of plaintiffs claim, calhd the plaintiff; also C. Ohaid andd 0. G. Moore, both of Stratford. After hearing the evidence of Mr Ohiad, who to>k over the farm and ( cows when defendant left, the claim in respect |of the implied warranty was abandoned, thus reducing the defence practically to the contention that defendant bad left the farm at the request of plaintiff, who, according to defendant, agreed to accept £8 for rent, After counsels' address, his Honor reviewed the evidence at some length, and found that the defence had n>t been established. He pointed out it was shown that plaintiff, iu order to arrive at a settlement, when ho was entitled to £25 for rent, £4 for taxes aud £3 12s for pigs, had offered to accept. £ls in satisfaction. Judgment was given for phuiciff fur the full amount of his claim, wiMi <wts on the lowest seal a and £7 7s for cruusel on the second day. The Court, adjourned I ill (o-day.