RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3194, 16 May 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, May 16. (Before {. N, Watt, Esq., R.M.)

CIVIL CASES.

Flexman v. M‘Guinness.—A claim for L 24 lls sd. Judgment for amount claimed, with ■•oats.

Peid v. the Dunedin Waterworks Com oany.—A. claim for LIOO, the amount O’ himage done to plaintiff’s garden through he bursting of a main in Duke street. M; ; tout appeared for the plaintiff,' and Mr Tolars for the defendants Defendant-’ counsel app’ied for an a journment of the case, on the ground of the absence of a material witness Mr M‘Gregor, the Company’? engineer. The evidence of Mr Jas. Wilson, a witness fur the plaintiff, was taken, and the case was adjourned for a fortnight. Wilson v. M‘Kay.—A claim for L2l. Mr Harris for the plaintiff, and Mr Stout for the defendant. George Wilson, butcher, of Dunedin, on Ist December, made an agreemcat with the defendant for the pick of 200 lambs, to be taken away on or before the Ist March. Two or three days afterwards he sent up a person to take delivery. Robert Wingfield was the person sent to take delivery. Saw defendant some time afterwards, when he asked when plaintiff was going to take the lambs away. About the middle of January, sent R. Wingfield to get a draft of the lambs, but he did not bring any back. Witness tol I Wingfield not to bring any lambs down if they were not fit for killing. had until the Ist March to lift the lambs. Sent Wingfie’d again to fetch the lambs, but he returned without any. Witness had incurred expense in sending his men for the lambs. Witness sustained a loss of 3s per head. Witness never saw the lambs Any half-bred lambs were worth Bs, however bad.—Robert Wingfield was a stockridei in plaintiff’s employ. He went to defendant’s place at Waihola, on the sth December last, to see some lambs. There were supposed to be close upon 300 lambs round about the defendants- yard. Defendant told witness Mr Wilson was to get 200, Witness approved of them on behalf of Mr Wilson, {Subsequently, witness went up again. The lambs were mustered to enable him to see if any were good enough to kill; there were none fit to kill, and witness declined to take any away. Went again to defendant’s place on the last day of February, accompanied by two men. Saw defendant, who told witness that he (defendant) had sold them at a better advantage. They were half-bred lambs, and, as stores, would be worth from 8s 6d to 9s. If they had been fat, they would have been worth 10s 6J.—Henry Francis deposed to having accompanied the last witness to defendant’s place, for the purpose of taking delivery of some lambs, when defendant said he had sold them. -John M'Kay, the defendant, residing at Waihola, saw a Mr Wingfield in December last at his (witness’s) house. Never saw Wilson up at Waihola. Wingfield, when he called up the scemd time, refused to take the sheep. Wi'pcss said to Wjngfield he wou'd like to know if Mr Wilson was going to take the sheep. Wingfield said he would get MrWilson to write. When Wingfield came up the third time, witness refused to let him have the lambs, but called Wingfield back, and said he (defendant) would let him (Wing field) have the lambs, Wingfie’d said he wanted to pick 2UO lambs out of 350. It was before the Ist of March that defendant sold the lambs. Considered the bargain at an end when Wingfield left the last time, and he (witness) got no letter from Mr Wilson.— James M .‘Ksy was present when Wingfield came up fur the Drobs. Wingfield looked at the lambs, and then said he would not take them, as they were in worse condition than when he first saw them. Wingfield farther said he would get Mr Wilson to write to the defendant. His Worship reserved judgment for a week. MfyUjer y. (Carver. —A claim for L34ls 6d for non-fulfilment of Mr Harris for the plaintiff, and Mr Stout ffip the defendant. Daniel Myllier, a cabman, in January last, made an arrangement with defendant to make a cab. Defendant agreed to make a waggonette for L 72, and take an old two-wheeled cab as part payment. The ngiy cab was delivered five weeks two days" after the piine agreed on. Plaintiff would tave made' lOs a*day ftyorg the waggonette than with the cab. When pontiff took delivery defendant' agreed to do anything that might be required to be done. Plaintiff took delivery of the waggonette on a Saturday, and took it back again on Monday and told defendant the axles were too short, and that-th,© sprigs were not strong enough. Defendant declined ‘tp the vehicle in working order, and plaintiff had to go to Mr Robin’s to get the necessary work done. A pair of rubber springs had to be purchased, and the axles altered. The cost of lengthening the axlcg woqld be L 6. Jas. Robin, ooachbuilder, had exaipiped ttye wag* genette in question, and found the axles too short. The tires had to be refastened, the footstep shifted, and the brake altered, The springs were rather light. It would cost about L 4 to put on suitable springs. Lengthening the axles would cost about L2 10s. A fair price for a waggonette would be L9O, Farther hearing of the case was adjourned until Wednesday. Thj© Coprt then adjourned.