MAGISTERIAL.

Timaru Herald, Volume XIIIC, Issue 14277, 18 August 1910, Page 2

MAGISTERIAL.

TIMARU—WEDNESDAY, AUG. 17th. (Before Mr V. G. Day, S.M.) "' A HORSE CASE. ■ Samuel Esler (Mr Raymond) sued Henry George Clarke (Mr Perry; for the,,sum .of £9, services of entire. The plaintiff said that in November 1905, he owned a stallion called Wallace, and it served three mares owned by defendant. The fees were £3 for each without the guarantee —he had never given Clarke any guarantee. Clark always promised to pay, and never denied the debt. To Mr Perry: The writing in witness' book was kis groom's. The stallion served'the mares in the one season probably the 1904 season. Witness was not exactly certain whether it was the 1904 or 1905 season, but if his book said 1904 it would be correct. The arrangement was 1 made on the terms as set down on the card being £3 3s, halfguarantee £2 2s, and £2 2s when the mare proved in foal. He had never sent in an account for £B, and the one produced was made out by his wife for that amount, £1 too low.

Mr Perry said that the defendant was a farmer, residing near the Washdyke. Plaintiff .came to Clarke's place with his stallion, and the latter said that it was no good trying his mares, but Esler replied that if there were no results he Ayould not charge. The mares had no foals.

The defendant said Esler first came to his place with his entire on October 10th 1904, and witness said that his mares were too old. However, Esler said he would try two of them, £3 service with a guarantee. There were no results from the service. During the last six years witness had only received the one account for £8 from Esler, and the latter had never asked him in person for payment.

To Mr Raymond: Witness had never gone tp Essler, and denied his liability, lint the plaintiff had never asked him for any payment. Witness would swear that he had never told Esler that the hack mare had a foal.

His Worship said that lie had to take into consideration the fact that the account was a stale one. There was no dispute as to the mares being served, but the whole dispute was in regard to the contract made. Defendant had been the more reliable by keeping a diary, and he could only' take his Version of the matter as being correct. Judgment would be given for defendant. UNDEFENDED CASES. Judgment for plaintiff by default were given in the following cases: — South Canterbury Hospital and Charitable Aid Board v. John Eraser, claim £6 os; Smithson and Raymond (Mr Raymond) v. Jas. Tiffen, claim £6O Is 9d ; and Samuel Esler (Mr Raymond) v. C. Brosnahan, claim £3 17s dd