MAGISTERIAL. MAGISTRATE'S COURT.

Star (Christchurch), Issue 5847, 9 February 1887, Page 3

MAGISTERIAL. MAGISTRATE'S COURT.

i CHBISTCHURCH. This Day. (Before R. Beetham, Esq., R.M., R. Westenra and W. White, jun., Esqs ) Civil Casks. — W. Cuddon v. A. Ivory, claim M 12s lid, for railway freight on a quantity (SOO bushels) of oats bought by plaintiffs from defendant. Mr Spackman for defendant. Plaintiff alleged that the oat*3 were not up to sample ; that there were tares in the oata, which spoiled them for milling purposes. Defendant alleged that he took the oats off plaintiff's hands on consideration tbat lie paid the railway freight. Defendant stated that plaintiff gave too much for the oats, and repudiated them, aa he bought in a falling market. He showed the oate to a number of merchants, who said they were a splendid sample. Judgment for defendant with costs. — R. M. Mcrten v. Charles Rugsted, claim _•_ 10s, for ten sheep at 9s per head. Mr Russell for plaintiff, Mr M'Connel for defendant. Plaintiff's case was that a number of his sheep (182) were impounded in Heathcote Pound on Jan. 8, and that when plaintiff's shepherd came next day the number delivered was 172. Charles W. Morten, plaintiff's manager, swore that defendant offered to pay 5s each for the sheep, but this waa refused by witness Defendant's solicitor argued that the fees on the sheep had not been paid by plaintiff, and that defendant waß not bound to pay for the lost sheep until the fees were paid. That more than the market value of the sheep was charged. He produced a copy of the Lyttelton Times of tbat week showing that the market value of such sheep at that time was rather 5s than 9s. That the proof of loss was insufficient, as plaintiff had not mustered hi 3 sheep to show if any were missing. That there wa9 no proof that the sheep had been lost ; or, if lost, there was no proof that those lost were actually plaintiff's property and not those of another man. Plaintiff's manager would also not swear that he had lost any sheep. Mr Russell aaid that defendant counted 182 sheep inthe pen, and that this number were probably originally impounded. The poundkeeper was commanded by the statute that the pound should be kept in a secure condition, and therefore judgment ahould be given for plaintiff on these grounds. Judgment for plaintiff for £2 10a for ten sheep at *5s a head, without costs. — J. Sutherland v. Mrs George Smith, claim £A 14s 6d. Judgment for defendant. — J. Trinby v. S. Vogan, claim £1 3s. Judgment for plaintiff for lis and costs of the Court.