RESIDENT MAGISTRATE'S COURT

Grey River Argus, Volume VI, Issue 400, 6 August 1868, Page 2

RESIDENT MAGISTRATE'S COURT

Tuesday, August 4. (Before W. H. Revell, Esq., R.M.) CIVIL CASKS. Judgments by Default. — Williams v. Somner, L 5 3s ; Williams v. H. Payne, L 3 13s 6d ; Crogan v. Whall, LlO. Dennis Hyall v. Owen Griffon. — This was a claim of L2O, the price of a horse alleged to have been sold under a warrantry, but which proved not to be sound, and died within a week. The horse was standing in Mr Fitzgerald's stable, and the plaintiff examined it, expressing himself satisfied with the state of its legs. Defendant said he would warrant it to be sound ; that plaintiff could have a trial of it, and if it did not suit him he would have his money back ; that he had worked the horse both in harness and in packing. On a Friday night plain tiff paid Ll2 down, and promised the balance on the following day. Next morning the town was flooded, and the horse was standing in the yard for many hours up to its knees in water, before plaintiff removed it to a proper stable ; and then it would not eat. On Sunday plaintiff paid the balance, and swam the horse over the river, and on Monday tried it in a dray, but it would not pull. He then loaded it for packing, and got it as far as the Seven Mile, when he had to take the loading off and ride the animal up to Canoe Creek. It still refused its feed, and died in a week. The defendant's statement was that he sold the horse on Friday night, when he received the LI 2. On the following morning when he saw the horse standnig up to its knees in water, he asked the plaintiff. to take it to a proper stable and give it some feed, but it was allowed to stand in the water until one o'clock. When the horse was sold there was nothing whatever the matter with it. He had used it for packing for 10 or 12 months, and sold it because he had no further employment for it. He denied having given any warranty, or having said .that he would give back the money if it did not suit. The Magistrate was of opinion that after Friday the horse was in the possession of plaintiff, and if he had received any guarantee with it he ought to have refused to take the horse when he found it would not take its feed, for this happened before the balance was paid. He believed the horse was killed by the treatment it received, standing so long in the water and I ihen swimming the river. The case would be dismissed with costs. Thomas and M'Beath v. Robert Robertson. — This was a claim for goods sold and delivered to the defendant's wife in 1866. It was stated that the defendant was not living with his wife at the time, and he produced a protection order from the Court, extending over this period, showing that Mrs Robertson was personally liable for payment of any debts she might contract. Case dismissed.