RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1538, 29 July 1886, Page 2

RESIDENT MAGISTRATE'S COURT.

TeMDKA.—WIDKESDXT, JUtTSS, IStl. [Before J. Besvrick, Esq., 8.11.]. CITIL CASK. J. Hayhurst r. J. Barratt—Claim Is.—Judgment summons. -r" E. Pilbrow produced h'a {mthprity \ft appear on behalf of: Mr called B. Wareing, who stated that he cojjld not swear man bad sufficient meats to pay the iponey. He was cptting gorse at very low wages fop him, Efis Worship sajd the plaintiff hsd . failpd fp pporo tlje man had t}je meaß® * of paying the amount, people mad# a thinking that debtors could .be ; u “ . , ™ ••• no imprisonment • ; imprisoned, there « *- ••* *v<. for debt except where a person nau iuO mo pay and would not P tt y if* . S. ’McCullough *, Qhorne— Olajm £3 9ss'd. ' ‘ . Mr Tosswill appeared lor the defendant) and pleaded that the partlcelais furDished were insufficient.

Mill I Tli« Worship said that in that c;iße h« would adjourn the case to allow the plaintiff to pot in fuller particulars. Mr Tosswill said .his client had to cnmr from Timaru. His Worship; In that ca»e we’ll try tc settle it sooner, than that he should come again.' Get into the box. 8. McCullough gave evidence to the eflbct that defendant last year bought li - pigs fretn him (witness). Did not retnembsr their weight, but the account pot in had been given him by the defendant. Ths ascount was in the hand* writing of ihe defendant. 'Oborne said ho never had a proper •ocbnnt or he would bare paid. His Worship ; Is that your handwriting _ (meaning statement of accounts put in by theplaintiff.) Witness : It is. ' His Worship; Very well, then; you show-, the amount dus yourself. Judg* znsnt for the amount claimed and costa. W. McCann v. H. Oldfield—Claim £22 ifcid. ~ Mr Toss* H appeared for the plaintiff, Stud Mr Arji,! >ll for defendant. This, was a mere matter of accounts. The principal question was the price of coal, - W,..McCann,, the plaintiff, gave evidence!: to the effect that defendant gave hha a cheque for £25. The account for

f r as .4* ,94 had been rendered to him. Newer made any agreement about the pricel.of coal {consider Vy eatport oo&l at 3ss, and Newcastle at 32sper ton very eheap r ifis fo' half a cord of black pine : firewood delivered at Milford was eery veasooable. The defendant bad 64 bags he had not returned. The defendant did Bot object to the price until about a fortnight age. Not a word was aaid about (be price of coal when the £25 was paid, . To Mr Aepinall; He newer epoke about the price .being 30s per ton. Ido not think 1 had the account rendered when the £25 was paid. With regard to weights, the 20. bags were taken out in a : hurry without being weighed, and when -Oldfield spoke to me afterwards about being short, I would newer let any out again noweigked. Oldfield only weighed • a-few .byg*» end I would not allow for that asthey had not weighed all. Henry Oldfield, thrashing-machine pro- ■ prieior! I went to McCann and asked r him ati what price he would supply the machine with coal; and he said 30s per - ton. He offered to supply Newcastle at -that. Two tons were each lewt short. :He made no .claim for bags before the summon*. I deny I owe 64 bags. - To the Court; I mean to say at the . time I paid £25 I did not know what I ■ wee charged for the coal. I got the bill but did not look at it for some time after. . F* Oldfield ; The coal was short. There > was a toa.of coal which was pwer weight. Witness offered him a cheque for 30s per ton, but defendant would not take it. 4 Could get coal for 30s per ton in Timaru. ■ After counsel had addressed the Court, His Worship aaid it was one of those •tupid cases where , the arrangements were loosely made. McCann had given hii , evidence in a very satisfactory He admitted the coal was not on some occasions, and if it was short one time it was over another time. The two Oldfields, however, had sworn ; v tbe price agreed , upon was 30s pec ton, and he was bound to take notice of that. : It.was tried to show the half cord of fire- • wood had been charged to another person, f but that had failed. , Judgment would be ’ 'given for 16s over arid above the amount paid into Court (£lB Ijs Id) and costs. The Court then rose.