RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1504, 11 May 1886, Page 2

RESIDENT MAGISTRATE'S COURT.

Geraldine—Monday, May 10th, 1886, [Before H. 0. S Baddeley, ’ Esq., 8.M., and Dr Fish, J.P.] CIVIL OASES. John Charles v. Robert Burnett Claim £4 on an I.O.U.—The defendant did not appear.—The father of the plaintiff was in attendance, and stated that his sou was not present as he was underage. —The Bench pointed oiu that it would have been quite competent for the sou to have appeared in the case, .md adjourned if till the next sitting of the Court, in order to allow of the plaintiff being present, Joseph Townsend v. Th-unas Clephane---Claim £ls, for the value of a horse, Mr Foster for the plaintiff, and Mr White for the defendant. Plaintiff, on being sworn, stated that he had sold a horse to defendant last month for £ls, and hud received a uheque for it, which had been duly pr'santed to the Bank, but payment had burn stepped. Mr White admitted i hat payment had been slop ed. To Mr White : I did not sell this mars on a ■ unday. 1 saw defendant on a Sunday, and told him I had a mare to sell. lam not a horse-dealer, but a farmer. To :hu Bench : Ido nut make it a practice to deal in looses. Ido so occasionally. To Mr White : Icdlod one Sunday evening and heard iieiondant say lie wanted .a horse, and I 10l I him 1 had one to sell. The mare was with someone at Temuka at that time. I told him Ibis person had the mare for throe months on trial. I did not tell him that the price was £ls. He did not ask me what the intending purchaser was to pay me for the mare on that occasion. To the Bench : I told him afterwards that 215 was the price to be given by the man at IVmuka. The man at Temuka was giving £l3 for the inure, and £2 15s for the services oi the hor-e. To Mr Write: I do not remember saying i hut she could take a third part in a doublefurrow plough. I said she would go anywhere. I sail she was smart in a trap. I did not tell him she went from Gapes’ Valley to Ti muka in an hour and a-half (distance between 16 and '7 miles). The mare was a i eiiium '-Taught, md about 14 hands high. M-fendanl gave me a cheque for the mare, and would not teke her the next day, as, ha -aid, he was afraid of her getting out of the paddock. I did not go to him and ask him io let me have the money, as I had a bill to meet. After I had obtained the cheque I told him that £l3 was the amount the Temuka man was to give me. Defendant then said I had deceived him, and I tried to explain that I had not. To the B noli : I tried to explain that I had not deceived him by stating lhat I was getting £ ( 3 tor the mare and £2 15s for (ha services of the horse. Defendant told me the reason why he had stopped the cheque w s becaus I had told him a lie respecting whut I was selling the mare at Temuka for and what I w is selling it to him for, Thomas Clephane, defendant, sworn, said ; I am a farmer living at Gapes’ Valley. Plaintiff came to see me one Sunday evening, and said he had a hors ■ to sell. I enquired wbat he wanted, and he said as it was Sunday evening he would not sell, but a person had a maiv of his in Temuka, and this person was a probabl ' purchaser. I enquired what price this person was to give him for her. He said £ls, and I then enquired what sort, of mare it was. He said she always took a third part in a double-furrow p ! ougb, and was used in that wav. Ho also said she was smart in the trap, and had once taken him to Temuka in an hour and a-half from Gapes’ Valh-y, where he resides. After this I went to see the mare at hi- place. She Was not at work. We looked at her an i ulked about her qualities, and I asked if she was as he repre-ented, and he said she was.

To Mr White the witness stated he was not a ;v od judge of horses, but. set he believed £ls had been offered for the mare in Temuka lie was satisfied that was the mare’s mu'-I<et value.

Witness o >ntinued : On a Saturday night ho came to toy house and asked for a cheque, saun.* lie had a bill to meet and wanted Iho cheque as a favor. I gave him the cheque. After that lie told me the Temuka man was only going to give him £l3 for the mare. 1 did not make any reply. I went to him the next day and a«ked him to let me have the cheque hack, as I was imt satisfied with the purchase on account of his having told me a fo sehnod. I also said if he did not give m ■ the cheque brnk 1 would stop the payment of it. A' lbst lie said he would give it to me, and wart in the direction of his Imnse. Afterwards he said I did not want the cinque. I told him I did. He then said I had bett'-r wait a day or two and see wh it the neighbors said about the horse. I tod him I would not be humbugged bv him. To Dr Fo-t-r; I have not fried the horse as I have not had possession. The only objection I have is that the price was misrepresented to me. Having told mo the lie about one thing, I doubted the whole of Ins representations, and that made me not have the rn ire.

Di I'ostcr applied fur an adjournment in order to pioduce the witness from Teimika but ibis was refused, as the summons had been issued nearly a month »nd the witness ought (o have been present. Counsel on both sides having addressed th” B mcb, judgment was given for the defendant, v ji h coats and solicitor’s fee, £b 1 tin; ih<que to l>e returned to dofen hint, too Bench being quite sure tb.it misr -presentations had been made by plaintiff which had!, capsed defendant to buy the horse,t

John Muodell v. John Rowe—Application for an order to get possession of a dwelling house. —The complainant stated that defendant had got the free use of a house and garden on condition that be did one day’s work per week for the complainant. This arrangement ■ had been carried out by the defendant for a while, but as he now refused to carry out the contract complainant sought to have him put out, —Defendant denied ever having engaged to give one day’s work a week for the use of the place. Hs had simply been engaged to act as caretaker and to have the place free.—The Bench, after hearing the evidence on both sides, made an order, defendant to give up the premises within fourteen days. The Court then rose.