RESIDENT MAGISTRATE'S COURT.

Taranaki Herald, Volume XVI, Issue 822, 25 April 1868, Page 3

RESIDENT MAGISTRATE'S COURT.

, Savory v. Wilkinson. — Tho plaintifl sued for £o,' being tho vuluo of a sow and pigs sold to defendant-, who paid £2 Bs. into Court. Mr. Standisb. for plaintiff, 'aud Mr. Halso for tho defendant. . • • .

• Wnlfcor Savorj', sworn-:, I wa3 living at Stonoy* _ River when this 'transaction took placo botwofcn rlufenilaot and mo. I had six pigs for snlo, which I .had originally asked ;C8 for. On tho 2pUi March, Air. Beaumont eama to mo nnd said (I'jftindant; would givo m;n' JEii for thorn, a'ud f arrnn^ccl (hat ho should fetch them away on tho 'Saturday following. 110 camo on tho Saturday morning, although rattior lato, and I caught four of tho pigs. Tliroo young pigs and 'tho Sow. I tioil the sow up with dqfonclant's ropo, and put thorn into tho dray. Ia putting them in 1 , however, thoy intuit bo much noiso that tho sow got restless nnd broico away fron^thO ropo. 'Th'o,pig3 tpok up so much room in the dray, that' defendant s:iid ho would leavo thoi other pigs for Mr.' Homes to bring in', and ho asked me to toll Mr. Ilomos about it. 1 saw Mr. Tlomoß n'nd'told him, and ho said ho wonld catch tho pigs, if I possiblo, and deliver thorn to Mr. Wilkinson. A" day or two afterwards J met defendant in town] aud asked him for a settlement. Ho said he would sco Mr. Uledlrill, and" \VouUl probably bo ablo to givo mo £2 or ;C3. Mr. llwnos had caught one pig, but conld not soo the two otliors. 1 afterwards wrojo to defendant, and vocoiving | no answer, 1 on Saturday weuk delivered him tho bill which ho fcoro np boforo my face. ' Ho said ho was'dosiromi of settling,' bnfc could mb think -of paying for the whole. "■ . .Cross-oxaminod by Mr. SUndish : Defendant 'j was to fetch tho pigs. Nothing was said about catching them. Thero woro iiVjb youiig pigs and *"sne bow. 1 valued tho :young pigs at 255. each, and the sow at £2 10a. „•.<;'• William Boaumont, sworn : I, .had. occasion to be in town last March. Defendant asked me to toll plaintiff, whon T saw him, that ho Would tako: somo pigs they 'had beon talking about at £6, and that ho \vould.go down to Stoaoy- River and fotch thorn, and to ask plaintiff to call and' seo him oh his way home, and settle about tho 'day that ho'should -fotcri tho pigs. If plaintiff had' not' sold tho pigs' to dofendnnt, I would hayo givon £8 ifplaiul iff would delirer them. ' John Wilkinson, sworn.: At . the end of last March, plaintiff offered mo six pigs for £6 if I would fetch- them 'from Stoney River. I offered him £0 10s., which ho rofusod. I afterwards changed ',my mind aud asked Mr. Beaumont to tell defendant to call at my; honso ou, Friday evening. 1 wont to Stoney River tho noxtmorn1 ing and mob plaintiff, who told mo that ho could i'not find tho pigs anywhere,_bnfc ho wou'd ride ovor- thoi fetfn in soaroh of them. He was away about an hour and,a-half, and whon ho returned ho said ho had scon thorn and asked me to assist him to bririg.thera in. Tho pig 3 afterwards camo up to tho hoiiso and defendant; caught foar and tho mother. 'It being :lato, I said I could not stop any longer. I went and. put the, bullocks fnto'tlio "cart. .' Whilo I was away, plaintiff came ronrrd to where I was and said tho sow had broken, loose, and that Mr. Homes had a load of things to briug into towa and ho would ~soe to. tho de|, ,livery of (.ho pigs. < S\Vf plaintiff on tho following" ' Monday and ho asked mo if it. was convenient to pay hihy£2. ' no said that if Homos did not bring them np by Tuesday, ho would go- down and soo .him. I nexb saw him on Saturday, and I tdlcl him the pigs had uot.arrivod yofc, Ho then gavemo tho note produced >in, Courb- aud. a bill. I; a^ked him if ho thought I was going to pay him fbr six pigs and Only received three, to which he replied thafc he would mako me pay. 'I said he would have to do. so, , and up the- bill. Tho pigs I valued at l.Gs. eaoh, and that amountI have payed into Court. ' ' : , Pivlncis' Fi'adofick Tuff, and John' Bland's ovidonco went to prove thafc plaintiff had agreed ' ,to deliver the remaining pigs to defendant. .; !

Judgment fov plaintiff for tho amount paid into Court, defendant to bo allowed counsel fees, and witness, oxponsea". -