RAGLAN R.M. COURT.

Waikato Times, Volume XV, Issue 1289, 2 October 1880, Page 2

RAGLAN R.M. COURT.

Tuesday, 2Stii September. — (Before Major Mair, R.M., and W. Wallis, Esq., J.P.) Anthony Onnsby v. Captain Swan. — This was a claim for £4 18s fid, balance of wages.— Mr Gresham appeared for the plaintiff, a carpenter residing at Ruapuke. — It appeared that the matter in dispute was whether the plaintiff was entitled to 7s per clay and found or os per day and found. Numerous witnesses were called, and the evidence .showed that no agreement had been made by the parties, except that the plaintiff was to receive what other carpenters would work for. — In giving judgment, the Bench commented upon the vcy loose manner in which both plaintiff and defendant had entered into their contract. Judgment for plaintiff for £4 3s 6d, or 6s per day, each party to bear his own costs. Powell v. Phillips. — Mr Gresham for plaintiff. — The defendant paid the debt and costs, Robertson v. Johnstone. — The plaintiff is a farmer at Waitetuna, and the defendant (Captain John Campbell Johnstone) is a retired military officer, whose estate adjoins that of the plaintiff. — Captain Johnstone requested that Mr Wallis, J.P., would leave the Bench, as possibly the evidence which he (Captain Johnstone) would adduce might show that Mr Wallis was in some way interested in the decision. — Mr Wallis> thereupon vacated his seat on the Bench, which was then occupied by Mr Gresham. (Before Major Mair, R.M., and T. G.-eslnuu, Esq., J.P.) The evidence showed that the parties were not on very neighborly term I.1 '. The plaintiff's claim was for the illegal detention by the defendant of certain pigs belonging to the plaintiff. The defendant had filed a set-off.— -The plaintiff called his wife, Frank Cogswell, and James Watts.— ln giving judgment, the Court decided that plaintiff had tailed to 2^ove his case and he was accordingly nonsuited with cost's. Mr Wallis, J.P., now resumed his seat ou the Bench. (Befoie Major Mair, E.M., and W. Wallis, Ksq., J.P.) R. Gilmour and Sons, v. Richard Wnght.— Claim, £S 2s lOd, for goods &old and delivered.— -Mr Gresham appeared for the plaintiffs.— Judgment for plaintiffs for the amount claimed and costs ; the whole to be p.vid by January 31st, JSSI. R. Gilmour and Sons v. John Scale. — Claim, £(i 14s 2d, for goods sold and delivered. — MvGvesham appeared for the plaintiffs.— Judgment for plaintiff's tor the amount claimed and costs ; the whole to be paid by 31st January, 18S1. It being now nearly o o'clock, Mr Grebham stated to the Coiut that he was engaged in the next case, Nutton v. Martin Hu-.int, which was likely to occupy u consuloiablo tiino. The Court thereupon adjourned the bitting till the ne\t momingat 10 a.m. WriAisiMY, 20 ni Kj-rTi mimr. — ( Before Major Mair, R.M., and W. Wallis, Esq., R.M.) Ch.ules .Suffcou v. Marfm Har«ant.— Mr Gicsham appe nrd for the plaintiff, who is thepropru^nrof the Half-way Hotel at Wriitemata. The defendant conducted his own case, — The action was bi ought to r. covci t7 12s Gel, beinj? made up as follows — £2 10s, the value of a steer which the defendant had mtsapptopriafced, and £o 2s Gd, the costs to which the plaintiff had been put in journeying to Ohaupo and to Whctfawhata. — The evidence disclosed somo curious incidents in cattle dpaliujf, and the cisc was one of great lutoieot to the neighbouring settlers. It appc.ucd from the evidence of the plaintiff (S[r Charles Sutton) that in January la&t he bou»ht nine head of cattle at the Okete .sale y.uds. Among them was a two-year old red and white bull. In the October previous a Mr Cowley, a fanner at Tamahere, had also purchased some cattle. These cattle Mv Cowley had yarded at Mr button's Half-way Hotel on his way to the Waikato. Mr Cowley started with his purchases next morning from Suttons, but had not got three miles from there, ■when one of them (a red arid white twoyear old bull), became tired and refused to go further. Mr Cowley left the animal there and proceeded with the remainder. Meeting- the plaintiff's son and a Mr C. Moon, jun., he (Mr Cowley) told them where he had left the bull, and requested young Sutton to ask his father (the plaintiff) to take charge of the bull and to castrate it. — The boys tried to drive the bull back to button's, but he would not tuove, and was consequently left there. They looked for him next day but could not see anything of him. After this Plaintiff met Mr Cow ley several times, and the latter on such occasion enquired of plaintiff if " hehal not yet found the red-ami -white bull." The plaintiff had as frequently assured Mr Cowley that he had never since seen the animal. On the 4th February plaintiff took to Ohaupo for .sale by public auction, 14 head of cattle. Among them was the red-and-whitc Steer. In due course Mr Buckland had remitted to the plaintiff the account sales of thirteen head of cattle but made no mention of the red-and white steer. Thinking that the omission was accidental, plaintiff went to the sale at Whatawhata where he knew he should meet Mr Buckland. On arriving theve the plaintiff met Mv Cowley who finally repeated his enquiries <'is to the 4% little red-aud-white bull " Plaintiff once more assured Mr Cowley that he had never set eyes on it since October 3879, when Cowley took it with him on his way to Waikato. Mr Cowley then told plaintiff ''a bit of his mmd and also that he (Cowley) had at Ohaupo stopped the sale of the veiy animal which was among the 14 lodged with Mr Buckland by plaintiff. Explanations followed between plaintifi,

Mr Cowley, and Mr Buckland, and it appeared that the person who in January sent the steer for sale (and which steer was bought by plaintiff) was Mr Martin Harsant the defendant in this action. The evidence adduced by Mr Gresham in support' of the plaintiff's case proved the facts as above seated. The witnesses were the plaintiff, Mr C. Moon junr., and Mr Richards, who kad acted as stockman at the sale in October, and also at the sale in January. The defendant states that he had found the bull in his paddock, had castrated it and had sent it for sale at the next auction. He had not told the Auctioneer that he had "found" the animal — ncr had he informed the local constable — nor had he apprised any Justice of the Peace of the matter. He alleged that he had, prior to the sale by him, stuck up a notice at the Raglan Post Office, bat he brought no evidence in proof of this. The Court found the plaintiff's cade was fully proved — Judgement for plaintiff £7 12s 6d, costs, £11 5s 6d. Raglan Road Board, v. Miss Mary ] Theresa Tole. Mr Gresham for the plaintiffs called the attdntion of the Bench to the fact that in April last, the bailiff in Auckland had lost the summons, instead of serving- it. It appeared that the bailiff had not scoeeeded in effecting service. The defendant's brother Mr Joseph A. Tole had paid a part of what was due. The Court, . on the application of Mr Gresham adjourned the hearing of the case sme dte with directions that Mr Gresham should be at liberty to bring it on when the summons should have been srrved. The Court then rose.-