RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VIII, Issue 2353, 17 October 1870, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A, C. Strode, Esq., R. M.) Civil Cases. Pavelitch v. Scott.—L4 3s. Judgment for the plaintiff by default. Stohr and Sampson v. Macanley.—Ls, fo • money received by defendants on account of the plaintiffs. Mr Catomore for the plaintiffs ; Mr Harris for the defendant. B. P. Stobr said that agreement had been made for the purchase of a certain number of cattle at L 8 per head. These cattle had, in the first instance been offered at Portobello to Stohr at L 8 per head, but the bargain was not at once closed, Stohr offering L 7 10s. After - returning to Dunedin, a letter was written accepting the offer at L 8 per head. Macanley had, in the interval, sold four of the mob, but it was ultimately agreed that the number should be made up and delivered at Anderson’s Bay. However, Sampson, at the request of Macanley, helped to drive them from Portobello ; on the road from whence to Anderson’s Bay, four escaped into the bush and were lost. On Sampson remarking that it was a had job, Macanley said, “ Never mind, they are not lost, and you have not paid for them nor taken delivery of them.” On offering to settle for those not lost, Sampson offered to pay L 7 10s per head, and the balance on receiving the other four. Macanley paid Sampson's expenses, but while at Portobello, asked him for Lo, which he paid, but refused to give an I 0 U for it, and took the cattle back again. In cross examination by Mr Harris, he asked witness if it was reasonable to suppose that Macanley should agree to give IjS for expenses, wheu the difference between seven bead of cattie at L 7 10s and L 8 was only L 3 10s. Plaintiff said, strange as it appeared, such was the offer. The nature of the bargain as described by the plaintiff was admitted by the defendant to be correct, excepting tint ho agreed to deliver the cattle at Portobello. Defendant admitted getting the Lo, and proposing to give an I 0 U for it, but said he never intended to give it, and only proposed to do so in “ chaff.” When pressed for it, he replied “he was not green enough to do such a

thing as that.” His Worship considered that f■om the bungling manner in which the business had been transacted, each party should pay the consequences of their own want of business habits. Judgment for the plaintiffs, L2 and costs. The Court adjourned to Wednesday.