RESIDENT MAGISTRATE'S COURT, AHAURA.

Grey River Argus, Volume IX, Issue 66, 30 April 1870, Page 2

RESIDENT MAGISTRATE'S COURT, AHAURA.

Thursday, Apkil 28. (Before 0. Whitefoord, Esq., R.M.) CIVIL CASES. Fraser v. Spooner. — Fraud summon?. Defendant ordered to pay LI per week. R. S. Allen v. James Brien, Napoleon. — Mr Davis for plaintiff, Mr Drury for defendant. Claim for LI 16s, the price of two dozen porter supplied by plaintiff to defendant at Napoleon Hill on Jan. 28th. Defendant did not deny taking delivery of the goods but refused to pay because the porter was unfit for use. A bottle of the mixture was produced, but there was nobody in Court "game" enough to taste it. Defendant's agent said he could vouch, from his owii personal experience, that a more effectual emetic could not be found in the whole range of pharmacy. After nearing a considerable amount of evidence his Worship said that if defendant ' did not intend to keep the porter he should have returned it, or have given plaintiff notice that he did not mean to use it . Judgment for amount claimed without costs. Antonia Lardi v. John Doolan. — A claim for L 8 6s 3d, for goods sold and delivered. William M'llroy proved service of the summons. Judgment for plaintiff for amount claimed and costs. R S. Allen v. Edward Hopkins.— Claim for 20s, the value of a beer keg. Plaintiff said he had asked defendant for the keg, but defendant told him he would search for it for him sometime between that and that day month. Defendant said the keg wa* at his old store at Napoleon, and he told plaintiff so. He never had a bill sent him until he received the summons. Verdict for plaintiff, with costs ; the keg to be returned or the amount sued for paid. ; Antonio Domingo v. Jane Leathwood. —Claim Ll2 17s 6d, for work done as a cook and waiter, and for cash lent. Judgment for amount claimed, with 10s expenses along with the costs of Court. Charles Roche v. Michael Ryan. — Balance of an account L 2 12s 6d, for timber supplied to defendant as carpenter at Napoleon. No appearance of defendant. Judgment by default with costs. Plaintiff (a foreigner) asked for the loan of a policaman so that he could put defendant in gaol at once. He said he would not be so hard on defeudant for such a small amount only for the cavalier manner in which he had been treated when presenting the account to defendant, that individual having told him to "go to blazes." His request was not complied with. Louis Montagnet v. Duncan M'Lean. — Claim for LI 18s, for board. Verdict for amount claimed and costs. Same v. Kohn. — A claim for the amount of an 1.0. U., L 6 13s 6d, for goods, board, and cash lent. No appearance of defendant. Judgment by default for amount claimed and costs. Thomas Tracy v. Jane Leathwood.-— Claim L 9 14s Bd, for ginger beer, &c. Mr Drury appeared for the defendant, and moved for a nonsuit on the ground that as Mrs Connell was a partner with defendant when the goods were sold they should be sued conjointly. The point was not allowed, and leave was given to amend the summons. After taking plaintiff's evidence his Worship adjourned the case until next Court day. Davis v. Guinness.— Mr Drury for the defence. An action Ttcf recover L 6 10s., the value of a riding saddle, and L 5 damages for detention and wrongful conversion. Plaintiff said he had exchanged horses with defendant at the Ahaura, and in the exchange he (plaintiff) got a saddle and bridle. He lent the bridle and saddle to defendant to go to Greymouth. next day, and he (plaintiff) told Harry Wick to call for it at defendant's and bring it back. Wick told plaintiff that he had called, but defendant said he would require the saddle for a few days more. Afterwards saw defendant at the Grey, and told him he ought to have sent the saddle back before as he (plaintiff) would now have to pay freight on it. Defendant told him the saddle was at the Kanieri, but he (plaintiff) knew that was not the case, for he had seen it at the Ahaura the same morning on one of Ashton's horses, and he told defendant so. He also learned that the saddle had been sold to Ashton. Afterwards defendant offered him a cheque for L 5, which he said was the money Ashton gave for the saddle, which he (plaintiff) refused to take as he considered the saddle was worth L 6 10s to him. He was detained some time in the Grey under expense, for which he claimed damages. By Mr Drury : The conversation with defendant about the saddle took place at the Albion Hotel, ( Greymouth, on Friday week. On that occasion he offered defendant his horse back again if he (defendant) would pay him back the money the horse cost for doctering since the exchange was made, and also return a book which he (plaintiff) gave defendant as part of the "swoop." Was detained in Greymouth for one day solely on account of the saddle. Mr Drury, for the defence, moved for a nonsuit. He contended that where there was a loan there could not be a wrongful conversion, therefore . the. particulars of demand were bad in law and wrong in substance. The motion was overruled. The Bench considered there was a specific agreement; the saddle was to be sent back by a stated time. Mr Drury said they were willing to return the saddle or pay the L 6 10s, but they disputed the damages claimed as excessive. The saddle was on the way from Greymouth now, and if it had not been for certain circumstances which occurred it would be at the Ahaura before this. His Worship, in giving judgment, said he would make an order that the saddle be returned within three days, or that the price of it, L 6 103, be paid, and the damages would be assessed at L 2 2s, for which amount he would give a verdict, with 21s costs. Mr Davis requested that the two guineas damages in this case should be handed over to the funds of the proposed Grey Valley Hospital. The following cases were enlarged to the 12th May :— Fraser v. Johnson (fraud summons), Lardi v. Robinson. Judgment by default was given in the following : — Allen v. Carter, L 3 7s ; same v. Macpherson, 355. A number of cases were struck out, there being no appearance on either side. The Court adjourned to J2th May. A miner from Napoleon was charged with being drunk and disorderly and resisting the police ; fined 20s. Another one was called, charged with being drunk at the same place, but as he did not make his appearance his bail (L 2) was forfeited.