RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XLIII, Issue 3689, 29 July 1886, Page 3

RESIDENT MAGISTRATE'S COURT.

♦ TEMDKA— Wednesday, July 28th. . . (Before J. S. Beawiok, Esq., 8.M.) "■."•,.'-'.•:' CIVII. BTJSIHBBB. "7. T. M. Hayh'urst v. John Barratt— Claim 12s, for rent. This was a judgment summons. Mr Pilbrow, on behalf of the plaintiff, said that no money had been paid on tho judgment, and called Mr P. Wareing to prove that defendant was m a position to pay. Mr Wareing, however, rather thought that the defendant was not able to pay, as ho was not able to pay, as ho was earning but very small wages and had a wife and child to maintain. His Worship refused to make any order under the circumstances. S. McCullough v. G. A. Oborn— Olaim £3 9s 4d, balance of an account for pigs sold and delivered. Mr Tosswill defended. Plaintiff having proved his claim, defendant was put m the box and denied that he had even been furnished with an account. Plaintiff, however, put m a memorandum of the weight of the pigs and tho amount of the account m defendant's own handwriting, and His Worship gave judgment for the full amount. W. McCann v. H.Oldfield— Claim £22 17s Id, for coals sold and delivered. Mr Tosswill for plaintiff, Mr Aspinall for defence. Dofendant paid £18 lls Id into court which plaintiff refused to accept. Defendant offered to submit to arbitration both on tho question of price and weight. He had attempted to settle the case. Plaintiff said that defendant had paid him £25 on account of a previous bill, amounting to £25 4s 9d, which bill defendant had seen. This was on April 21st. Had never made any agreement with defendant as to price of coal. 35s was a fair charge for. Westport coal and 82s for Newcastle, m fact, both were low prices. As to the question of weight, there was not a difference of more than 3s 6d oh the whole, between tho parties. To Mr Aspinall : Began to supply defendant with coal m January, but defendant did not make any arrangement as to price. Had not rendered the first account for £25 4s 9d to defendant prior to the receipt of the £25 cheque, but it was lying on plaintiffs table when defendant tendered the cheque. Mr ABpinall was proceeding to crossexamine as to weight, when Mr Tosswill said he withdrew that claim. Mr Aspinall said that the difference was greater than what plaintiff had stated, and elicited m cross-examination that on several occasions, coal had been delivered to defondant without being weighed. Examination, cross-examination, and reexamination on the various items lasted a considerable time. . The defendant said that ho had arranged with McCann for coal for the season at 30s per ton, and, moreover, that he was to have three month's credit. Plaintiff promised to •apply Newcastle coal at those prices. Several loads delivered were short weight. When defendant received his account he objected to the charges, and plaintiff agreed to reduce the prices. Defendant had returned all empty bags, and on the account rendered him I no oharge was made for bags.

Frederick Oldfield gave evidence as to shortness of weight, and the roturn of the empty bags. He also deposed that plaintiff had agreed with hia brother, m his presence, to supply roal at 30s per ton. Counsel having addressed the Bench, His .Worship said th»t there was no imputation against plaintiff as to weight ; he had openly acknowledged that tho weight was short when it was so. The balance of evidence was m favour of the defendant as to price. Ho would give judgment for 16s, and coßta beyond what had been paid into court.