RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3762, 15 March 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

Monday, March 15. (Before J. Bathgate, Esq., R.M.) Hawker’s License.—Mr F. R. Chapman handed in a petition of inhabitants of Green Island in favor of a license being granted to Charles Vickers Granted. J. Logan v. W. Verney.—Claim for rent, for one of the immigrants' cottages. Plaintiff did not appear and defendant said he owed only Ba, for which amount judgment was given. Wood v. Groves.—Claim L 4 11s 6d, for rent. Judgment was given for L 3 4s, and an order of ejectment granted. Adams v, Allen.—Claim L 4 ss, balance of account for goods sold. Mr Adams appeared for plaintiff, for whom judgment was given by default. Cole v. Goodison.—Claim L4O, for loss sustained through defendant’s selling plaintiff a useless horse, guaranteed as sound and freo from vice. Mr Barton appeared for plaintiff, Mr Stout for defendant.—G. W. Cole, M.D., said he bought a pony from defendant for L 23, the latter guaranteeing it in writing to be sound and free from vice. I he day after the purchase witness found the pony knocked its feet together or “brushed,” and stumbled, and he had brushing shoes put on it. Defendant said it would soon get over that, and its legs were weak because it had just come off the grass. The pony gradually got worse and could scarcely stand, being evidently unsound. Witness told his groom to turn it out to grass, but it fell down en route, and was now lying in some one’s back yard. Witness sent Dr Farquharson, V.S., to inspect it, and he reported that the animal was useless. Defendant would not take the pony back, but said witness must have given it a wrench. Witness bad been put to consi-ierable expense in keeping the pony and ia cab hire , since it broke down. Fulton s.iid he originally owned the pony, but found it was unsound; consequently he put it iu the sale yard, where defendant bought it for 18 Is fid. Cross examined : Witness had ridden the pony for six weeks before selling it.—Charles Turner; groom at the White Horse stables, ri’H ,) H ]■ ■ > a groat di4»oi;l..y C. gctlii-g on to its f.sfc, and also “brr. •r.c : . ’ it appeared to witness that the pony had been paralysed in the spine, and on riding it

he got off for fear of it falling.—Dr Farqu* barson was called, but did not appear.—Mr Stout contended that it must be proved that the pony was diseased at the time of the sale, not that it was diseased three or four d'iys after the sale, and this had not been proved.—Robert (Joodisoa said that whon he sold the pony it was sound., so far as he knew. Plaintiff told him a few days afterwards that it stumbled a little, bat was iniproving. i his might be caused by bad riding, slack reins, etc. ; and the “ brush l i Q g by bad shoeing. Somo time afterwards, from what plaintiff told him, witness thought it had foundered and got cold kept waiting outside houses while plaintiff was on his professional visits, T, Robson said he rods the pony on the day it was sold to plaintiff, and there was nothing the matter with it. —S. slesinger, V. S., said a horse suffering from disease of the spine would be afleoted in the hind rather than in the fore legs. A horse might get unwell in the course of half-au-hour, though quite well before. The sinking of the pony beneath him, described by plaintiff, would be owing to chronic disease of the spine. It might have suffered from an acute attack. Crossexamined ; If the disease lasted for six weeks it must ha w e been chronic.—Thos. Fitzgerald said plaintiff asked him |one day to hold the pony, and remarked that he liked it.—The case was adjourned to Wednesday to hear the evidence uf Dr Farquharson. Nolan v the Rank of New Zealand.— Claim LSO. damages sustained by plaintiff through the action of defendants, Mr Barton appeared for plaintiff; Mr Macassey for defendants.—Mr Barton opened the case and plaintiff’s evidence was taken, after which farther proceedings were adjourned till the evidence of parties at New Plymouth. Taranaki, was forwarded. Plaintiff said that, intending to purchase certain laud at a Dove* ament laud sale at New Plymouth be, on February 12, lodged 1.150 in the i>orth Dunedin branch of the Bank of New Ze *■ land, for which he received a bdl of ex change on the New Plymouth branch, v. itnesa then went to the latter place, but on going to the bank was told that he would not receive the money unless he could prove himself to be the skid Jeremiah Nolan. Witness then produced a deposit receipt from the same bank for another Llsd, but they would not give him the money as they said that no advices had been received from Dunedin. hR he could get was a promise that the Dunedin branch would be communicated with by the first mail. Witness’s expenses there and back were more than LIS, much of his time was wasted and he could not purchase the land he wanted through not having the money, he considered himself LSO worse off, even if not taking the land into consideration at all, and had offered to settle the matter if the bank would pay his expenses. Cross-examined ; The LSO loss was made up by witness’s loss of time and chances of speculating in anything else. Witness had never been in Taranaki before. None of tlte lots of land witness intended to apply for were bid for. Witness did not ask tjie New Plymouth manager to telegraph to Dunedin, because he did not know there was a telegraph line. Witness intended to purchase 103 acres of land. [Left sitting.]