DISPUTE OVER HORSE

Hawke's Bay Herald-Tribune, Issue 89, 1 May 1937, Page 3

DISPUTE OVER HORSE

(From Our Own Correspondent.)

Plaintiff Nonsuited

WAIPAWA, This Day. At the monthly sitting of the Waipawa Magistrate's Conrt held before Mr. J. Miller S.M., some time was occupied with the hearing of a defended action in which J. G. Nitschke, farmer, Argyll, claimed from C. R. Bushett, Waipawa, the return of a draught horse which plaintiff stated had been lent for a short period only, or the value thereof, £60, and the further sum of £10 by way of damages. Mr. C. G. E. Harker appeared for Nitschke, and Bushett was represented by Mr. E. J. W. Hallett. Plaintiff's case was that, wishing to make a trip to Australia, he arranged with defendant to take charge of the horse, which had been partially broken in, using him for the season. When asked to return the animal defendant claimed that he had made a definite arrangement for a two years' contract. For defendant, it was stated that a short-term period would have been useless to him. The horse required thoroughly breaking-in. Evidence was given by R. Hall to the effect that he was present when the arrangement between Nitschke and Bushett for the latter to have the horse for two yeats was made. The Magistrate, in the circumstances, decided to non-suit the plaintiff with costs against him amounting to £4.