MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1961, 4 October 1888, Page 2

MAGISTERIAL.

ASHBURTON— i HDRSDAY,

(Before Mr C. A. Wray, R.M.) I ] CIVIL HOSINES3. I Union Fire and Marine Insurance Co. I v John Pearson. This was an application ( for a writ of ejectment, plolntlffj belug mortgagees of a certain property oocupicd by defendant, and on which n .thing had beon paid In respeot of principal or Interest for Bomo years. Mr Oathbertson appeared for the applloantr. The ca«o had boen before tho O jurt on a previous sitting, but had boen adjournod ii order to allow Pearson time t.) vaoate the pro- : perty m respoot of whioh, the prcsont proceedings were brought —Tho defendant eaid that the reaaoii for bla not having glvan up the property, was that he OiUld not get another house to go into. — Tho order as asked for was made, directing defendant to give up possession to the plaintiff Company, P. Weldon v a. Turner, judgment sammoni £15 16s Mr Outhbertoon for judgment or oredit. Order made for tbe amount to ba paid within two months, m default one month's Imprisonment. J. O'Qrady v J. Worner, claim £9 2* 4d. Mr Pa aell for plaintiff, Mr| Ou h~ bertson for defendant. This claim was f3t oats eupplied to defendant, Plaintiff aald the Bale was made at la Bd, defendant said that he oontrAoted to take the oati at Is 7d f and prior to the issue of tbe summons he had paid Into plaintiffs oredit at the bauk, the amount due, o»lculated on thi« basis, thus leaving 8a 41 claimed by plaintiff. Plaintiff atated that he knew nothing cf thla payment Into the bank till the case was called on m Court, a demand having been made upon defendant to pay the~ money to plaintiff' 8 solloltor, The Magistrate gave jad^ment for the amourrt claimed aud costs, less the amount paid Into the bank, stating that it whs defendant's fault that the coats had been Incurred, owing to hia giving no notification to plaint ffi of the amount being paid. , «• Meaolem vN. Fliz,'erald, o'alm £17 Is 7i. Mr Wilding for plaintiff, Mr Purnell for defendant Plaintiff ia a threshing machine proprietor and defendant a farmer, the claim being for a balance alleged to ba due on thresh ng defendant's crop and for coal supplied. The sum of £6 7a 101 had been paid into Court, and there wai a set off for £8, for alleged lobs of grain m threshing.— Mr Wilding objected to tie set off, saying that it should be brought as a separate aotion, though plaintiff had a sufficient raply to It, — Mr Wilding oilled the following evidence : — R. Meaolem, threohlng machine proprietor, said that be contracted^ to thresh Mr Fi z'eiald'a grain f.»r £11 per thousand. Wont to the work himself snd threshed 5274J bushels In the first inßtanco eont m account for £57 Hi 4d, bat thoro vras an error la this, the bagman having missed 20 basheh. Had a driver named Qartland, As f<*r as he knew the man knew his work, and while witneea wr.a there about 1000 bushels were threshed. Fi'z^erald was present and made no complaint while witness was there. When wltnesa was going aw*y he said to defendant that tbe driver was 1 a stranger to him, and that if he (Fitzgerald) Bavr anything golDg wrong to etjp the machine and send In for wltnem. Defendant expressed perfeot satisfaction with the driver. On the Saturday night wis sent for and got down on Sunday night. Fiizjerald complained of the driver and witness "socked" him there »nd then,|puW;lng on ano her driven Told Fllz(erale that he won d put the stuff thtough again In the morning. H«d a liok at tho straw; thoro was not a great deal left m. The wheat was Tuscan which could not be threahod quite clean m any case. Put through about two dray loads of the stuff, when Fifz<erald said It would be better for witness to allow him something fair instead of continuing rethreshinp Witness aald be would allow him £3 for the Btraw and £2 for the chvffand Fitzgerald was satisfied. Completed the threshing and no subsequent complaint was made. Before witness sent In hia aocount Fl!z?erald paid £45 c n acoonnt. Saw him subsequently and defendant asked about the £8, which he said witness had ayreed to pay him for bad tfir<>shlng Told him that ho had nevor agreed to pay such a Bum ; that he had only agreed to pay £5 to settle the matter amicably, and that offer was still open to settle the matter out of Court, Atdefondant'a request sold some coal to him and to Mr Leadley. The morjoy for thehtter had been paid. Defendant referred wltneaa to David Fitzgerald for payment for the other half, hot David disclaimed any liability.— By Mr Prirnell : Never offered to allow defendant £8 for the stuff that had boon frapoifeo'ly threßhed. Never sild anything about keeping the matter quiet, as It might do him harm ; defendant made a remark to that e ffe:t. Never sent a bill till after defendant had paid £45 ; had reoelvod the £45 before ho sent the apoouot produoed on March 0. There waa not credit given on that bill for the amount paid, The wltnoßa was crossexamined at considerable length — Mr Purnoll pointed out a clerical error of 4i 5d In tho account. [Left elttlnp.]