MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 2007, 7 December 1888, Page 2

MAGISTERIAL.

. ASHBURTON— THURSDAY, (Before Mr O. A; Wray r R.M.) OIYJIi OArJ*a. The following oonoludos our report ol yesterday's prooaedinga : — M. Frledlaodtr v Moss Jonaa, claim £47 8i 41 Plaintiff's oiisa having been oonolnded, S'lr Wh to for the defence died; Mo'fl J-»n»8, the defendant, who -all that m Deonmber, 18*5, ho was c Ultra or -t-t ihe Soutn Canterbury He frlgeratlDg Oompaay. On December 26 ha came to Aahborton, and aaw Mi Friedlander, m oon«eqaence of a letter he had reoelved from him. Told Mr Friedlanderhe could erethlmspaoaat 6dperhead. —In reply to Mr Friedlun Jer who eaid they wanted to get the eheop off: as soon aa passible o« they had no grass, witness stated that he could n t say exactly when a vessel would sail. Told Mr Friedlander what to put m the form. The months January and February were stated m the form, because the direotorß were trying to get a ship, Witness would not allow those months to remain on the form, and by hig direction Mr Friedlander struck these words out and substituted '• by first ship after Canterbury." Did not receive the circulars alluded to till about the 28th or 29th of December, 1886. some days after the sale was made. At the time he saw Mr Friedlander he had no, kupwledge that a^ vessel woqld not sail till the first week m April. He did not state that a vessel would sail during the first week la February ; m fact, he insisted on the word " February " being struck out of the agreement, as he had already stated. Until he received the summons no demand had been made on him for a refund. Made no mention to Mr Thomas about a veßßel oalled the Invercarglll. Witness had considerable difficulty iv securing space for Mr Kriedlooder. At first he oould only obtain apace for 750, but after, a great deal of trouble he got space for the oth«r 250 by paying 6d a head for them himself. By Me Harper : Did not think he was aware at the time he saw Mr Friedlander that the Direotora wtre going to make a charge of 6d per head per month for storage m case a vessel were not forthcoming. When he became aware he did not think he communicated with the Friedlunders ; they, by taking ' over the agreement, jlrqm witness, likewise $ook ov.ex a ny responsibility. -r-This wa« all the evidence, — The Magistrate said that the plaintiff had failed to show thai there had been any misrepresentation, Judgment for defendant with costs. 1 D. Dolan v Catherine Marpby, clulm £23 19j 6i. Mr Wilding for plaintiff, Mr Purneli for defendant. The claim yaoi for work alleged to have been done. Portion of the claim was for labor done on behalf of defendants deceased busbsnd, but Mr Parnell raising an objeotlon Mr Wilding abandoned these Uetas/atatlng that they bad b^een Included m the present adtlon merely to save defendant expense, and if her oonnsel objected to them, plaintiff had no other recourse than to bring another oaie, on a fQtqre Court day. The cla|m against defendant heraelf was then proceeded with. Plaintiff addaoed a good deal of evidence showing what work he had done. The defenoa wii that when her late husband, who' was plaintiff's brother, was drowned, a subscription was got up In the distriot for his widow and family, acd plaintiff performed the work, now sued for, as his contribution towards the relief of hlq qloter-ln-Ufir, The. Magistrate gave judgment for plaintiff for £6 63 without costs. A. Beattlo v L. Markey, claim £10 Is 6d. Mr Crisp for plaintiff, Mr Ou hbert ion for defendant. Part of th!i oase having been heard It was adjourned till next Court day.