RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume V, Issue 1019, 7 December 1883, Page 1

RESIDENT MAGISTRATE’S COURT.

ASHBURTON.— To-day. (Before H. C. S. Eaddeley Esq, R.M.) CIVIL CASES. Tait v. Macfarlane, claim of L 5 fo broach of warranty. Mr Crisp appeared for the plaintiff and Mr Wilding for defendant. Mr Crisp said that the claim was f .r damages sustained owing to a horse bought from defendant, which was warranted to be quiet and sound, but it had turned out to be neither one nor the other.—J. Tait deposed that he bought a black gelding from Macfarlane for L 6, giving him a saddle and bridle as an equivalent. The horse was warranted to be sound and quiet at the time of the sale, but defendant did not allow witness to have a trial. Witness did not ride the horse himself, but a lad named Powrie did. The animal was a kicker and a roarer, and witness sold it at public auction for L2 ss. During the time witness had the horse he had to hire another in its place. Defendant had asked the horse t i be put into his (Macfarlane’s) paddock, as he had another pony in view that would bo an exchange. —Cross-examined : Had a horse at present which had been bought at auction for L 7, and did not have a warranty with it. Could swear that defendant used the word guarantee at the time when the price was agreed on. Had a receipt for the saddle and bridle sold to defendant, but did not mention the warranty as he had bought the horse in good faith. Witness did not attempt to ride the hot e, but led it from Macfarlane’s paddock. Offered to return the horse and would swear that defendant had not said he had a pony in view which he would give instead of the one purchased.—William Ferguson, saddler in the employ of plaintiff, deposed to being present when the sale was negotiated, and Macfarlane guaranteed the horse to bo sound and quiet. This was before the saddle and bridle were sold.—Cross-ex-amined , Did not hear the whole of the conversation, but w.>uld swear the word guarantee was used by defendant.—R. Powrie said that he rode the horse, and in his opinion he would not take the animal as a gift, and he would be ashamed to ride it down the street. The animal' was both a roarer and a kicker, and when defendant attempted to ride it he was thrown on to the neck.—This closed the case for the plaintiff, and Mr Wilding contended that he was entitled to a nonsuit as the guarantee was not given at the time of the sale, but afterwards. His Worship decided to hear the evidence.— Robert Macfarlane deposed that he had been accustomed to deal with horses. The animal in dispute had bsen sold to plaintiff after having been in his (witnesss) possession. No guarantee was given, as he had not sufficient knowledge, nor was it usual to give a warranty for a horse of the value of L 6. Plaintiff said that he could not lose much, as he could sell the animal at the next Saturday's sale. Mr Harrison had been authorised to sell the horse, but witness had withdrawn it at plaintiff’s request - Cross-examined ; L 4 15s had been offered for the horse at auction. He had never told plaintiff that the horse was a quiet one. —D. Thomas gave evidence as to the custom, and said it was not usual to give a warranty for a L 6 horse. —His Worship said that he was of opinion that a guarantee had been given, and he would give judgment for L 4 7s 6d. Trent Bros. v. Walker, claim, Lll 13s Id.—Mr Wilding appeared for plaintiff, and Mr Crisp for defendant. After hearing evidence his Worship adjourned the case for a fortnight, in order that a deed of assignment might be put in. Judgment went by default in the following cases:—Robinson and Townshend v. Haley, claim L3O; McFarland v. Wilding, LI 12s Id; A. McColl v. Finlayson, Ll2 18s ; Ashburton County Council v. Baxter, LI 6s 6J; Tait v. Gilchrist, L 5 ss.