RESIDENT MAGISTRATE’S COURT

Ashburton Guardian, Volume IV, Issue 988, 6 July 1883, Page 2

RESIDENT MAGISTRATE’S COURT

ASHBURTON. —To-day. Before Joseph Beswick, Esq., 8.M.. Breach of Borough By-laws.—Wm. Moses was fined 10s and costs 8s for leaving a dead horse unburied in a public place. CIVIL CASES. Judgment went by default in the following cases :—Lancaster v Cutler, claim 1.2 15s JOd ; Mii'ige v Drury, claim Ll2 15b. Friedlander Bros v 0. P. Cox, claim of LG.—Mr Wilding appeared for the defendant.—Mr Hugo Friedlander, who conducted, his own case, said that it was simply a friendly affair between Mr Cox and his firm. The claim was for the price of a tank supplied to two men named Henderson and Annott, for the payment of which, according to plaintiff, Mr Cox was responsible. Plaintiff said that he remembered clearly that Henderson and Annott had obtained the tank under the condition that it would be paid for by the defendant. —Henry Zander was called to corroborate the evidence of Mr Friedlander, and for the defence Mr Cox said that he had never guaranteed the amount of the tank, and that he had always repudiated the account.—Mr Wilding submitted that the case resolved itself into one witness’s word and that it was very unlikely the arrangement alleged by the plaintiff had been entered into.—The Bench said that it was

a pity this case had been brought Into Court, and it had evidently arose out of some misunderstanding. On the wh >le the balance of evidence was in favor of the plaintiff, and judgment would therefore be given for the amount claimed, but without cos's. Harris v Houston, claim of Ll 7 17s 61 for wages.—Mr Crisp appeared for the defendant. After hearing evidence the Bench gave judgment for L 7 12s 6d and costa. Fitzgerald v Lewis, claim Ll2 19s 6d. —This was a case the hearing of which had been adjourned from last week’to enable expert veterinary evidence to be called. —Mr Hill was examined on behalf of the plaintiff and Mr Brock for the defendant.—Both gave evidence as to the present condition of the mare in dispute, which they considered was suffering from atrophy of the shoulder muscles, and they would not pronounce the animal to be sound.—Mr Crisp then addressed the Court on behalf of the defendant at considerable length, arguing that no warranty had been given.—Mr Wilding replied, and the Bench said that time would be taken to consider its decision. The Court then adjourned.