MAGISTRATE'S COURT.

Hauraki Plains Gazette, Volume XXXIII, Issue 4466, 13 September 1922, Page 2

MAGISTRATE'S COURT.

TUESDAY, SEPTEMBER 12. (Before Mr J. H, Salmon, SM-) The greater part of Tuesday was occupied in hearing the adjourned case of claim brought by J. F. Smithson against A. R. Rpbinsori, both of Hikutaia. Mr C. N. O’Neil), of Paeroa, appeared for, plaintiff and Mr EJ. Clendon, Thames, for defendant. Smithson claimed £ll9, made up as follows: £l5 for one cow and £l4 for one heifer, which were agreed tp be delivered by defendant to plaintiff »n 1919, and also £9O general damages. After lengthy cross-examination of plaintiff, and legal argument had been heard, the magistrate, Mr J. H. Salmon said that as far as the claim for the heifer was concerned there was no liability on the defendant to replace one which had died. The defendant’s evidence went tp prove that a heifer was supplied in place of the one that died, but as this was merely the performance of a gratuitous promise which he could not have been compelled to perform the claim for the heifer could not stand. As regards the claim for £l5 for the cow, His Worship held that the plaintiff had not satisfactorily discharged the onus of proof, and the plaintiff must therefore be non-suited. Costs were allowed defendant, solicitor £5 19s, and defendant’s expenses £l,