RESIDENT MAGISTRATES COURT.

Temuka Leader, Issue 2255, 17 September 1891, Page 2

RESIDENT MAGISTRATES COURT.

Temuka—Tuesday, Sept. 15th, 1891

[Before C. A. Wray, Esq., R.M.] CIVIL CASES.

Wm. Binley v. Charles Goodwillie — Claim £3 6s for rent.

Judgment for plaintiff by default, J. M. Naughton v. W. Armitage— Claim 19s for chaff.

Mr Salmond for plaintiff. Plaintiff stated that he had agreed to sell defendant some chaff at fivepence per bag. Defendant paid for the cutting, and thus reduced the amount to twopence per bag. He claimed for 114 sacks. Admitted he had agreed to take 16s 8d in settlement, if paid within a certain date. For the defence the defendant said that he had arranged with Mr Naughton for 100 sacks chaff, and he agreed to give 20 sacks to the hundred. Met plaintiff on the day of the licensing election at Temuka, and plaintiff, asked him if he had paid the money into the bank, to his credit as agreed. Said he had not. In July defendant paid the money to plaintiff’s account. Did not tell him he had done so. Had only had 102 sacks, not 114, as claimed for. By Mr Salmond: Counted the sacks when he took delivery. There were 102 sacks. Had told plaintiff that there were only 102 sacks, but the latter said that Sherratt had told him there were 114. Produced Sherratt’s receipt for the cutting of 102, His Worship said that although he did not approve of defendant’s action in not informing plaintiff that the money was paid to the bank, at the same time plaintiff, as a business man, should, under the circumstances, have ascertained the condition of his bank account before coming into Court. Judgment for defendant. Aspinall & Salmond v. Mrs G. Dyson—■ Claim £l l3s 2d. Judgment for plaintiffs by default with costs, as against her separate estate. LARCENY. William Williams, a lad, was charged with the larceny, on Aug. 31st, of a silver watch-chain and 6s in silver, the property of Fred. Murphy. Fredk. Murphy, the plaintiff, said: I am ploughman for Mr Gilliatt at the Stumps Farm, near Orari. On the 31st August last I was working the horses away from the house. Left the house at about a quarter past eight. Returned after twelve. Left 6s in my trousers’ pocket and the chain attached to the waistcoat, both, of which were in my room. Missed the silver and chain soon after I came in, and looked about for them. Did not see the accused about the premises. Constable Egan, stationed at Temuka, said that Mr Gilliatt, the employer of the last witness, reported the loss of certain articles. Prom information received he went to the accused, who. admitted beingin the hut and taking the watch-chain, but said that he had lost it. Afterwards got it from the father. Ragu Williams said his son had told him that he had fonnd the chain on the road. Had kept the chain expecting, that an advertisement would be inserted for it. Did not think it was stolen. Constable Morten said that the accused was a prisoner on probation. His term would have expired on the 4th February next.

His Worship said that he had a great dislike to sending young people to gaol. The boy, however, appeared to have a criminal instinct. He had no resource but to commit him to gaol, and he would accordingly be sentenced to three months’ imprisonment. The Court then rose.