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Grey River Argus, Volume IX, Issue 605, 4 December 1869, Page 2

Friday, November 26. Stainer v. Walker. — An action for L1& 9s for work and labor done. Plaintiff, a, carpenter, sued defendant, a sawyer, for. work done at the building of a hut in, which both lived for some time afterwards, and for clerical assistance rendered in making out defendant's timberaccounts. Amongst the items in plaintiff's bill of particulars was one of 15s for making a. sawbox. The article was produced in^ court, and defendant created some amusement by giving a history of its manufacture. He said that he chopped the log out of which it was made in the bush, that, a man named Hanley squared it, that one Bryce shaped it, arid that, as far as he-. j knew, all the plaintiff did in the matter was to " borrow an auger to bore a hole in it." There was a contra account fopboard, for' which a verdict was given last court day, but which was taken into consideration by the bench. Judgment for-. 19s 6s, with 10s costs. j Bannon and Campbell v. Thos. Peter-, son, Brandy Jack's.— A claim for L31 19s for goods sold and delivered to defendant | and his mates in the Upper Grey district. Defendant acknowledged- receiving a portion of the goods, but said that when the two last horse-loads were delivered at the Camp, he had resolved to leave the party, and that as soon as the floods permitted him, he came to plaintiffs' store and gave them notice that he would not be respon-i sible, as he was not going to use the provisions. Judgment for LlB, with 35s costs, L 5 to be . paid in one week, the balance within one month. E. A. Drury v. George Nelson and Wm. Dewson.- An action for Ll9 19s 6d, fcis the wrongful conversion of a horse. Plaintiff stated that he hired a horse at Hamilton's stables at the Ahaura to proceed to Napoleon, with the intention of coming back the same evening, and that when he; reached the Middle Township at Napoleon, having to transact some business : there, he left his horse fastened outside the hotel in which he was, but when h.^, came, out again, in about two minutes, he found it was gone. He proceeded^ to the Old Township in search, of it, and on, the way hemet defendants, in com. pony with a lady whoxas.riding his horse. He demanded ; possession of it from defendants, bufc they ■only " laughed and they rode away." He was, in consequence, detained for two. days at Napoleon when he had important business to transact elsewhere. Witnesses were called to prove plaintiff's case. De-. fendant Nelson said that the ostler at Hamilton's stables told him to bring Mr Drury's horse back from Napoleon in case, ; that gentleman was not going to returnthat evening, and when, he reached Nano-,

leon he authorised Dewson to take the horse, being under the impression that Mr Drury was not coming back. Defendant Dewson, a milkman, who gravelled between the Ahaura and Napoleon, said that ho had general instructions from Mr Hamilton to bring his horses to the Ahaura wherever lie found them. He was also in the habit of hiring Mr Hamilton's horses to persons on the return journoy from Napoleon, On this particular day a lady requeued him to procure a horse for her to proceed to the Ahaura, And Nelson having told him that Mr Dvnry had brought up one of Hamilton's horses ho went to Mr Drury and asked him if he (Mr Drury) was going to return that evening. After some conversation, Mr Drury told him distinctly that he was not going back to the Ahaura that day, and accordingly he took the horse and gave it to the lady. His Worship said there was no doubt about the law that if a person hired a horse it was his property for the time being, and that he, was responsible for it until he returned it to the owner or authorised agent, and lie was of opinion that i defendants had proved an agency ; but as the evidence was not clear as to the actual delivery of the horse to them, and as he considered they acted hastily in the matter, he would give a verdict for Ll and costs. E. Fein v. Thomas Tracy.— Olaim for Ll4 Is 6d, for packing. Defendant admitted the > weight to be correct, but disputed the price— los per lOOlbs — which he aaid was excessive. Plaintiff said 10s was the price agreed upon, and sooner than pack for a lower price he would " cut his horses' tails off, turn them out, and make pensioners of them." Judgment for amount, with 19s costs. Win. Smith v. Wm. M'DoweU, Ahanra. — rClaim for Ll3 6s Cd, for board and lodging and money paid on account of defendant. Judgment for the full amount (admitted), with 24s costs, L 5 to be paid Vb one week, L 5 in three weeks, and the balance within four weeks from date, or the value to be supplied in timber, in default execution to proceed on the whole amount. S. Samuels v. Rody Ryan and M. Toohey, Napoleon.— Claim for L 7 10s, for goods. Judgment confessed with 9s costs, no transfer of defendants of property to , take place until the judgment is satisfied. Morris Levy, as trustee in the estate of D. Doyle, v. Julia Oounsell and Jar.c Leathwood. — Claim for L 9 12s, for goods. Jt was objected on behalf of Mrs Counsell that she was not a partner of Mrs Leathwood's when the goods were supplied. The partnership was not proved, and Mrs Counsell's name wag struck out of the summons. On the part of the other defendant, it was urged that as the deed of assignment, if any existed, was not produced, and as there was no proof of any privity of contract between plaintiff aud defendant, consequently the plaintiff (M. Levy) had no locus stamli in that Court. Plaintiff nonsuited, with 32s posts. R. S. Allen v. John Armstrong, Napoleon. — Claim for L 5 15s. Judgment by default, with 9s costs. E. Fraser v. C. Robinson, Lake Brunner. -. — Claim for L 7 2s 3d. Judgment for amount claimed, with L 2 8s costs. [We wish to correct an error which occurred iv our la.st repor-t of this Court. In the case Ullner versus Andy Carey, judgment was said to have been given against the defendant for the amount claimed, We have since learned that this case was settled out of Court, Carey having been sued by mistake. 1

(For continuation of news see fourth i m (l e )