RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2104, 1 October 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before W. Praser, Esq., R. M.)

CIVIL SIDE.

G. S. o'SALLOBAN & CO. V. JAMBS HANHAM.

Claim £2 18s 9d }> judgment summons, lhis case was adjourned from last sittikr and it was further adjourned till the loth instant . EOBEBT TUBNBE V. AIFKED XYICBUBN.

Claim £312s cash lent. No appearance of defendant. Plaintiff, who said he was a dealer, stated be had lent defendant £2 10s, which with interest and expenses amounted to the sum claimed. The money, was still owing. Judgment for £3 7s, and 19s costs.

JAMEB CLABK V. F. HOWABD, BBHB. Claim £2 5s 3d for goods. No ap* pearance of either party—case struck out i JOHN BUTCHBE AND DAVID KENKEDT V. K. N. SHITH. Claim £36 for breach of agreement. This case was adjourned till the 15th with a view to a settlement. O. M. CBEAGH y. J. C. AKBRS.

Claim £16 15s for grazing seven honei and services of ..an entire. The latter claim had been paid into Court in full. , rMf r ?J l6r n an 4Mr Br «ssey for plaintiff: Mr Miller for defendant. O. M. Creagh deposed—that he was a surveyor residing at Ohinemuri, and the proprietor of Beltnont Farm. Kneir Mr Akers, who called upon witness on a Sunday and pointed out six hones. The horsps were there on the 19th February. Mr Akers had the horses in witness' paddock, and witness did not object. Other people were grazing horses, in the paddock at 3s per week per head. Mr Fryer and Mr Brassey had horses. The horses of Mr Akors remained there until 14th March when witness billed him for a month's grazing. Akers came to witness and said he thought the charge waa too high. He would pay 2s per week when he got in some money. Witness said he considered the charge low enough, - as' he had to make an allowance to" " the dairyman. He had to make an , allowance of £$5 .to the dairyman. Mr Akers kept. the horses; there till the 14th May, when be took them away with--out witness' knowledge. Witness asked defendant several times for-.money, but he always said it was difficult to get money in. He never denied the liability, ' but always grumbled about the charge, but did not take them away. .After Akers took the horses away witness demanded the money, and he said he couldn't pay until the Government paid him: On ruesday Jast, in presence of Mr Melhose, defendant said he would pay £6 if witness would withdraw the case. The money, twelve guineas, was owing with the exception :of the charge for seven weeks of two horses, one of which died and the -other was taken away. Be-examined by Mr Tyler--The charge made was by the week and notby the day. Louis Melhose, who applied for his expenses ere he gave evidence, deposed—l was at Ohinemuri some parts of the^ months of March, April and May, and had dealings with Mr Akers. Creagh has asked me as a commission agent to get the amount of his claim from Akers. Mr Akers said he was not aware that he owed the money, but as soon as he got the Government money he would settle with Creagh; subsequently Akers offered i £6 to settle the whole account, which Creagh would not accept. I told Akers, having examined my books, that about the 20th of February 6 horses went up, and on March Bth the lame mare went up. I also told him when the horses were, taken away, and the day the horse died. Ac- ' cording to the dates I have given the I whole amount was £9 15s, besides the J three guineas; this is at 3s a week. j Henry Curtis, whose expenses were also paid, deposed—l was in the employ of Mr Baker who had horses and. 'busses at Ohinemuri. They were let go wherdS they liked—at night they generally went^ to Mr Creagh's paddock, Mr Baker paid - at the rate of 3s a week for each horse. Cross-examined—The pasture was very bad—not enough to feed a goat. We only had the use of one paddock. - . This was the case for the plaintiff. Mr Macdaaald in defence said, apart from a technical objection which he took, there was no contract between the parties. He called— J. C. Akers who deposed-I never offered Oreagn 5s a week. I never made a contract with Creagh at all. I simply turned the horses out and let them go The conversation I had with Creagh on the Sunday he referred to had nothing to do with grass, or anything of the kind. Mr Macdonald having made his defence and a considerable discussion having ensued concerning whether the plaint could be amended or no, it was decided to leave it to the Court to adjust the matter fairly. . His Worship thereon gave judgment for plaintiff for £9 15s, -besides the money paid into Court. .

X. 3. THOBPE V. TEKEHA AND -WINIKATA; Claim £50 for damages. Mr Tyler for the defendants said in order to avoid a lot of Maori evidence, he wouldbriefly state the facts of the case, from which it appeared that goods badbeen taken away from the plaintiff which had been subsequently returned. There appeared to have been a misunderstand* ing, as £7 10s had been paid by Mr Puckey oa behalf of the natives. The case was then allowed to drop. Court adjourned.