MAGISTERIAL.

Ashburton Guardian, Volume V, Issue 1551, 6 May 1887, Page 3

MAGISTERIAL.

ASHBURTON— FRIDAY. I

(Before Mr H. C. S. Baddeley R.M.) J. W. Cairns was fined 20s and coats or 48 hours for drunkenness. CIVIL CASES Moison v. Moss, 15s. Adjourned to next Court day. O'Connor v. Douglas, £1 6s Jude;tnent for amount and costs. Jones v. Galloway. Amount paid into Court, costs allowed on application Mr Cuthbertaon. Ryall v. Cates, £2 ss. Mr Crisp for plaintiff and Mr Cuthbertson for Cates. Two rival fishmongers had tendered for right to sell oyßterß on the racecourse. Byall'n teuder was accepted, and he agreed with Cates to go mates, and Cates sent for two bags oysters on their joint accounts, but Cates afterwards refused to carry out this agreement. — W. Moore stated Cates and Ryall agreed at Royal Hotel to. go partners m the oyster speculation Q-. Cates, the defendant stated on Saturday fortnight Catos was with his cart and Byall asked him to go mates re oysters on the course, and they agreed to thin ; they to tender at 253 per head. At Royal Hotel Cates told Byall they were out of it. On Wednesday Rynll came to his house and asked for oystoas, and Uates gave him one bag at cost price, viz., 155,, and railage 6s sd, terms cash. He delivered the oysters, bub on application for the money Ryall gave Cates abuse, and he had to be sued for the money, which was paid into Court. Verdict for defendant. Mateon and Co. v Max Friedlander, claim £37 18s od.— Mr Crisp for plaintiff, Mr Purnell for defendant. £34 6s Ud paid into Court. —A. Curtis, clerk for Matson and Co was at saleyards on 29th March, and conditions of sale were read He believed Max Friedlander was present. Mr Matson sold a lot of sheep that day. The first lot put up were sold to defendant by auction at 5b 5d each, 140 fat sheep m 4 pens. The defendant deals largely m sheep. The lot of slieep were sold as 2-tooth sheep. After the sale the defendant said the sheep'- were not quite as described . 1 referred him to Arthur Fxißby, owner of the Bheep, I gave him an order to take away the sheep. On app'ying for cheque c n Friday for the sheep, fie defendant refused to pay for the sheep He has not returned the sheep' or offered to do so. — Cross-ex am m eel by Mr Purnell : A few of the sheep were not 2-tooth, possibly (0 over 2 tooth were m the lot sold. I told defendant to get Primmer to Bee the sheep with Fnsby. Defendant has made Borne offer to our solicitor. Sheep for freezing are generally 4 and 6-tootb, not 2-tooth. — Arthur F.risby was present when the 140 sheep were sold to Mr Friedlacder They were entered as principally 2-tooth. After sale saw defendant, who asked what was to be done about the shepp, • stating he had bought them as 2-toolh, and some old sheep were amongst them We looked at the sheep and told him to thr.,w out the old Bheep, but defendant objected as thia would be taking out the best sheep. Witness offered then to take the whole lot back on allowing 3d per head on thesmall sheep after the old ones were taken out The old sheep were more value for butchering. Defendant then Eaid he could sell the sheep did do so at 5s 9d per head for the whole 140 Defen dantthen wanted to get an allowance on tho sheep, which witness refused, and defendant then agreed to take the sheep. — Cross-examined by Mr Purnell : I told Mr Friedlander that not more than onethird of the Bbeop were old ones. I offered to allow 3d por head on the 2 tooth sheep, because the old sheep were of more value Taking out the larger sheep would not reduce tho value of the mob for freezing purposes. — Max Friedlander : On 29th March I was at the saleyards. Mr Matson sold mo sheep Mr Curtis said they wore 2-tooths. Aiter the sale I looked at the Bheep, and found Borne old Bheep amongst them. I saw -Vr Curtis and told him, who said they were entered 2 tooth, and tod me to see Primmer about them. Primmer said they were anything tut 2tooths. I saw Curtis again and refnsed to take the sheep as they stood. I Baw Frisby then and he said I could throw them out. I found the good-looking sheep were old ones, and the 2-tooth ones would not be bo much valua. He offered to allow 3d per head on the ycung ones, if the old ones wero thrown out. I sold the sheep then to Mr Stoddart atss9i, stating there were only a few old sheep m the lot. I then told Frisby I would take the Bheep. It would reduce the va'.ue of the lot by taking out the old sheep, as then the 2-tooths remaining would be too light for freezing purposes. I did not get paid for all the sheep by Btoddart, as he returned 58 old sheep on the following Tuesday. r l he old sheep were offered for sale, but only 4s per heai was bid for the lot. 30 were sold privately at 5s per head. (Mr Cciap would admit that amount paid into Court was correct, if any allowance Bhould have been made at all.) No one but Mr Curtis told me the cheep were 2-tooths. I sold to Stoddart as 2-tooth with few old sheep. Frisby offered to take them back after I sold them to Stoddart. It was a week after the sale when I offered Matson the old sheep b*ck. They were m better order than when I bought them. Jno. D. Beer, tf.erk for Fredlandor Bros., was present when Frisby and plaintiff were arranging Bheep matters, aud an allowance of 3d per heid was offered by Frisby. Mr R. Stoddart bought the sheep aa 2-tooths with a few old sheep. When I got them home and examined them I found 60 old cheep, antf told Mr Friedlander. I returned 58 old sheep to him, and paid for the balance, about two-third& of the old sheep were broken-mouthed, and the balance 6 and Btooth. Mr Crisp addressed the Court for his clients at considerable length, and the R.M. gave judgment for amount paH into Court with costs.