RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3099, 24 January 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day.

(Before James Fulton, Esq., R.M.)

Morton v. Lambert.—Taking of evidence for defence. Mr MTveay appeared for defendant. The defendant stated that the I (). (J. sued for was signed by him about June, ISCS ; has had no transactions with p’aintilF since. The circumstances under which the 1.0. U. was given are as follows : He was taking ahorse up country for aperson named Callan, $o plaintiff ; the horse was killed when in his charge. He sued the person who caused the death of the horse, and recovered the amount of L 3 Bs, after paying costs, in the Queenstown court. To the best of his recollection, he gave the 1.0 U. in question to plaintiff before he received the amount of judgment from the Queenstown court. He have paid Callan the amount of the 1.0. U. with cash and goods. Murray v. Bradley. account of goods sold and delivered. Mr Stewait for plaintiff; Mr M'Keay, for defendant, 7 pleaded the Statute of Limitations. In hj s evidence, the defendant said, in 1866 he met with an accident. A young woman was injured, and witness took her to his horaeat Gamill’shill, and paid rent forths hou e e to Mr Bridgman, agent for Mr Paddy. About twelvemonths afterwards he removed to a house belonging to Bridgman. Heremembered buying a team from the plaintiff for L 250. He asked L3CO. He paid L 217 for it, L2OO of which he obtained for the horses, and U. 7 for a cart. Witness offered plaintiff a horse, worth L 75, to clearoff thedebt, after making the last payment of Ll7. He was willing to pay what Jie considered he owed, and had arranged for disposing of his horses since he was served with a summons.—ln cross-examination, defendant said the accident which happened to him, by which five of his horses were killed and Eliza Wilson had her leg broken, enabled him to fixed the date of the last payment. The accident happened on the 2nd November, 1866, He had placed L 75 in Murray’s hands, to take care of, of which plaintiff kept L2O, and returned the balance to witness’s wife. Murray never asked interest for his money.—ln answer to Mr Stewart, Murray gave L2O towards a subscription for him after the accident —Bridget B adley remembered the accident to her husband. They did not remain twelve months in Buddy’s house after the accident. She paid a sum of money to Murray in Bridgman’s house in 1868, She recollected Murraygivingher asumof monov, after retaining L2O of the amount. She did not count the money returned. She paid him LlO in 1863, but it was repayment of ElO lent to her on the death of her girl.—Wm. Bridgman *aid <‘efondant went to live in a house belonging to him in January, 1867. — Thomas Murray, the plaintiff, said he sold a team and waggon to defendant, but could not positively say the price. He believed it was L 275. The money was to have been pad in six months, but only instalments had been received, of which be kept all account. An adjustment of accounts was made while defendant was in Bridgman’s house, but he did not recollect the amount agreed upon as due. He thought it was LBO or LBS. About two years afterwards he gave him some eggs for sale : they were worth about L2 10s or L2 15s, That was about four years ago. At that time it was agreed that, to make it even money, the sum due should be LBO, and defendant promised to pay interest for the use of the mon-y. In reply to Mr M‘Keay, be could not recollect that any money had been paid him since the clay after the accident. No money changed hands on account of the eggs. There were no accounts kept between plaintiff and defendant, and be put down the amounts in the statement of particulars, because he believed they were about correct. —Judgment reserved.