MAGISTERIAL.

Ashburton Guardian, Volume V, Issue 1581, 10 June 1887, Page 2

MAGISTERIAL.

ASHBURTON— FBIDAY. (Before Mr H. 0. iiaddeley, R.M.) . , DRUNKENNESS. •W. Dewhufsfc was charged with having baon helplessly drank on the sth ■ ' « c aooUßed had been looked np since Sunday night his condition being so bad that medioal assistance had to be > Inflloted m default 3 days Imprisonment, and the accused was ordered to pay Jh« . ., fee of the medioal man who attended* ; * him, m default of payment seven dayi imprisonment. ■■■« Two men, who had not been before the Oonct for some year*, were each fined 6s • ana ooits, CIVIL OASES. .-,,»., Wakwml Road Board v Jary," claim ' w 18a 9d — Judgment for plalntlft by default for amount olaimad and costs. ...... „ Henry v Simpson, claim £1 6 Judgment by default for amount claimed and costs. „, ■--— ',:. v Sannden, claim £4 55% Mr Outhbertaoa fo* plaintiff, Jadgment by default for amount claimed and whir Mitohell and Turner v Jackson, olalm £12 14a 6d Mr Oaygill for. plaintiff*. Mr 5% On be . half of the defendwit, applied for an adjournment on the ground that defendant would lose his billet if he attended at Oonrt today. The application was not granted, the other tide objecting. Evidence was given by one of the plaintiffs, for whom judgment WM entered up. Standisn v Peai-aon, claim £10. ikt Parnell . for plaintiff, Mx Wilding for defendant* Ttte nation one brought' for alleged breach of warranty on the «ale' of a horae. — Mr Purnell having opened his case, oalled Frank Standlsh, the plaintiff, who said that on Saturday, May 7, he saw a horse belonging to defendant ac Bullock's "Arcade. T n rtply to wltnew, the defendant said that he wanted £15* for the horse and that it was perfectly. sound. Witness pointad out' a slight blemish on one of the animal's legs. Defendaut admitted this, but reiterated that the horse was sound. Witness offered £14 for the horse* but defendant related this. Witness thereupon said to defendant w If you are sure the horse is sound I will split the difference." Defendant replied. "The horae is yours." The; honb was delivered atCookson'a stable, *nd on the same day witness gave a cheque for It, Whilo the bargaining was going on the horae wbb standing still. Wttneai aid not have the animal put through his paoes, •■ he took Pearaon'o word Jor the horae being sound; Witness arranged for the hone to bti taken to his plaoe, and ho next saw it on the following morning. He then fonnd out that the animal was very lame. Thi shoes were removed by a blacksmith 1 and it was then seen that the injury was not m the fe3t, and witness after a thorough examination oame to the conclusion that the lameness was m the shoulder. The, animal was still lame aad was likely to tie 8? permanently. The horee m It* present state was meleaa to witnaw,. who had bought it for a ire-mount for India. In any case tbe value of the animal wonld be deteriorated by half — (At this stiga some correspondence whioh hid peised between plaintiff and defendant was read). Bfr Mr Wilding : Witness had bought homes before. It was not bis custom to buy them, without firafc having tried them. By Me Pucnell: If Pearson had riot made the representations he had witness wonld undoubtedly have had a thorough examination of the horse made. —A. Nicholas was present at the sale of the horse. Witness corraborated thY pla'p. tiffs version of the conversation which rook place on the oocaaion.— ; Joseph McQuilkin, a lad, said plaintiff sent hfra to take a horse from Oooks-jn's to hie (plaintiff's) place. Witness got the hor»e and led it down. He noticed that' lt showed Blgns of lameness when It trotted, but this waß not visible when it walked. Witness observed the lameness aa aoon^u the horse left Oookson's stables.— B. Oookson remembered the last witneu coming to his stables for a hone. At soon as it was taken on to tha road, witness Baw that it was lame. Witneu again saw the horse about a week ago and it wai suffering from a similar lamonen to that which it had when witness first saw it. Io the opinion of witness, the terse had injured its shoulder. Shouldar lame* ness was a very bab kind. — L. Judkin*. m the employ of Mr Stand ton, said that he had seen the horse daily sinoe May 8. It had been lame all tint time. — This wai the caae for the plalotiff, aad Mr Wilding having opened ihat for the defendan trailed R.M. Outhbertson, who had frequently seen the horee and who gave evidenoo as to its soundness when he knew it,— W. Pearson, son of the defendant, took the horßo to the sale. It was not lame. When the bargain was being made nothing was said about soundness, but there was some talk of a blemish on one of the horsd'a hind legs.— ln reply Yo Mr Purnell, the witness said that he did not take muoh notioe of the conversation, — J. Jtt. Oalyer gave evldenoe aa to the soundness of the horse— A.M. Pdattcfa, the defendant, old he bought the hone last September. He worked it regularly, end during the whole of the time witnesi had it it was perfectly sound, frith the ex eptioD of a alight lamenass caused by defeotlve shoeing, which .was at onto remedied. Witness having not enough work for the horse sent him to the auo« tion. A bona Jid* bid of £14 was made, bnt witness's reserve. .being £18 the horse was passed m. Afterward* Mr Standiah oame up and offered witnein £14. The witness recounted the conver* ■atlon whloh ended In the hone being sold. No reference was made to anything beyond the soar on the leg, whloh witness told him did not affect the. horte'i soundness. Witness did dot i guarantee tho horao to be sound. — R. Molnfyre had seen the home, on the day it was, sold, put through all its paces. It Bfcowed no lameness.— G. F. Scott said that on the day tho horse was said he examined him particularly, having an ldta of buying him. There was not the slightest sign of lameness. — L, Markey and A, Banting also gavo evidence. -^Oouaaol on both sides hayiDg addressed the Court, the Magistrate said that the parties' to the action had evidently misunderstood one another. He oonld not take the evidence to show that Pearsoa meant what he * said to be taken as a warranty,— Judgment tor defendant. ' r The Oourt thoa ; rose, f