RESIDENT MAGISTRATE'S COURT, AHAURA.

Grey River Argus, Volume XXI, Issue 2304, 28 December 1875, Page 2

RESIDENT MAGISTRATE'S COURT, AHAURA.

-,-■ Friday, December 24. (Before C. Broad, Esq., R.M., and W. - S. -Smith, Esq., J.P.) Gough v. WUckens.—-This_waßju judgment summons on a verdicVoßtained * against; defendant .for tolls on the Ahaura punt. The original action was for LI ss, but : ih&:Oosts..and^^pe^eii^ndir' : - : lnnnigb(i- I the claim up to L 3 10a.; An order was made that the amount should be paid in one week, or, in default, 14 days' imprisonment. . Harrison v. Pridgeon— a claim of L 9 2s for work done as a carpenter and for cash lent. The defence was that, the work charged for was not ordered, as thei plaintiff was 'staying as a guest at ;the defendant's house, and made certam articles of furniture to amuse himself,, and pass away the time. ; The borrowing of the cash was admitted. , Judgment i for the amount, with costs. i r C:. ■*■•:■•■<s?> v> • ■-.> ,;Hayden v. Creed-^a claim of Lls, as follows :~LIO, the : purchase money of a .mare sold to the defendant, and ? Ls as damages sustained by the plaintiff :! by reason of non-completion of the contract on the part of the defendant. :? tW facts were as follows:— One day of the last week in November, the defendant saw the mare in question at Totara "Flat, ; when she was being ridden by a friend of the plaintiff. The defendant liked the action of the animal and taking a fancy to her he all but insisted upon making a purchase on the , spot. He had a trial; of the mare's paces; and a bargain was at length concluded, subject to the approtal of the plaintiff,' between the defendant an^he plaintiff's agent. The mare was sold "for LlO.and delivery Was to be given at Ahaura on 6th 'Dece'nib^|i>^'lsKoaid'C.ihe plaintiff not make any objeciioh. . On the evening of the 6th, the defendant came to the plaintiff at Ahaura, and they went together to the paddock where the mare was, and the'sale > was ratified, the plaintiff : thinking . the animal was , sold; toor cheap, but' he considered : himself bound ° 'by'vthe action of his.-; agent, and the ; defendant expressing himself satisfied with his bargain, and; borrowing a saddle and; bridle ifromtheiplaintiff he said ,h& would ride the mare to Reeffconon the following day. On the next day the defendant objected td complete the purchase by paying tte money, saying that since the Bale he heard'the, mare was " crookedj"; jln& " on tracing her pedigree" he learned that Mr Joseph Graham had at one time been her owner,' arid Baying that "that was enough for him," positively refused to have the mare at any price.; The plaintiff then gave the: defendant a ; written :notice. that the beast was paddocked at Ms risk and expense, and that he would sue him for the purchase-money. The defence wa3 that there wag no sale, | the defendant merely binding himself throughout to take the mare " if she suited hitri," and that there was no, deposit money paid, no- Agreement in writing, ! arid no legal 'delivery of the horsa The Bench held that the ( sale, waa proved, arid gave a verdict for the plaintiff for LlO, with 20s damages arid 40a costs. :. ■■.•!:''." /. .. : w'..;' : , „.,..„.:.' o

Drenrian" Bros. v. CbcHrane.— - A i claim of L3O 5s for butcher's meat, and stores supplied bri account left arid to his order. Lls had been paid into Court, and a verdict was given for the balance of/tfie account with costs.- • Methven v. Rankin.— A. claim, of L 34 9s 3d for horsefeed supplied at Totara Flat. A cross account of L267s 6d was : filed, which the plaintiff/ admitted, 1 and j udgmerit was given for; L 8 Is 9d. with costal '-' : /■■'■•■ ;: ■■';'..■■ '■■'.'-'! : „; :: ''/•"■;:'„ _„ J lidgmente were given for the plaintiflß by default in a Inutnber of unimppriant cases. "' ' __. .•"• ■■'■;■.:'• \.~rx' : ' "" "'''"' ,Mr Robert Alcorn made ;applicationitp the B^ench that a sum of money paid into ,-the.,. Resident |. Magistrates Court,! '.'< at Cobden,.: to satisfy a verdict in the case Michael Sheehan v.^ G> :Yi O'Connor (in the : matter of v the Ntilsbn Creek and. Lake Hochstetter Rape contractors liquidation) should be detained, and handed over to the applicant to satisfy a judgment obtained by him against Sheehan some time ago at Ahaura. The Bench granted the application, and directed an order' of iiijunction to be forwarded to the clerfcto the Court at Cobden. ■,■<■■ - -