RESIDENT MAGISTRATE’S’ COURT, BLENHEIM.

Marlborough Daily Times, Volume I, Issue 89, 27 January 1880, Page 3

RESIDENT MAGISTRATE’S’ COURT, BLENHEIM.

Monday, January 26th. [Before S. Johnson and J. M. Hutcheson, and C. Redwood, Esqs., Justices.] SMITH V. STEVENSON. This was an action to recover Ll2 15s for services of the entire horse Treason. Mr Sinclair appeared for plaintiff, who resided in Nelson, and was represented here bv his agent, Mr Isaac Freeth. Isaac Freeth deposed: That he had charge of the stallion Treason for Mr James Smith of Nelson, in IS7B-9. He made and agreement with defendant to serve four thorough bred mares, with above horse, for L 3 5s each, with LI extra for each foal. Three of defendant’s mares were served, but the fourth was never sent. The three had each a foal. The agreement was made in November, 1878 ; it was a verbal agreement. The price for thoroughbred mares was L 6 6s; a less sum was charged in this case because of the number. He never told defendant that he did not intend to train Treason for the races. Defendant told him that the fourth mare for which they bargained, Mamama, would foal early. Treason did not serve after the Ist January. By the Bench— The three mares referred to were all thoroughbred. By defendant—He first gave an order for the money, then placed the account in Mr Sinclair’s hands. The amount first claimed was LI3. Did not know that Mamama had been served by Guy Fawkes ; did not say he should not train Treason ; on the second January defendantsaid to him that Manama had not foaled. • By Mr Sinclair—He promised that Mamama should he served if brought on the 9th day after foaling. Charles Elliott deposed that he knew the horse and mares referred to. Stevenson told him that he had agreed for four mares at L 3 5s each, with LI for each foal. Tho season for entires was from the Ist September to 31st December, and that was almost invariably advertised. He did not know of Treason serving after the Ist January. Mr Freeth returned from Havelock with Treason on the 2nd January. By defendant—Freeth .could not expect that Mamama would foal early in January. He should understand that he meant the ninth day after foaling. George Stevenson deposed that Freeth agreed for four mares, one of them being Mamama, whose time for foaling plaintift knew as well as himself. Freeth said ho did not intend to train Treason for the races. Mamama was running at Harding’s. Freeth refused to complete his agreement with regard to her; the agreement was made knowing Mamama would have to ho served late. The Bench remarked that the case would have been better settled outside. By Mr Sinclair :—Could not say when he saw Freeth last. Treason was with him at the time. There was nothing said about nine days. It was all a fabrication about what plaintiff had stated he had said regarding Mamama foaling; did not Rend her after foaling because Freeth had refused to complete his bargain. Could have made a similar bargain with Mr Redwood for the four mares. He had paid £9 15s into Court, and believed that damages were due to himself from plaintiff for non-com-pletion of contract. The witness Freeth was re-examined, hut nothing further of importance was elicited. Judgment for plaintiff for £l2 15s with £2 10a costs. SCOTT V. WALLIS. This was a judgment summons for £7 5a 3d. Defendant, who resides in Wellington, did not appear. Ordered to pay the amount at once with 10s costs, or be imprisoned for one month. ALDRIDGE V. FLOOD. This was a claim for £l6 13s 3d. There was no appearance of plaintiff. Case struck out, and £1 awarded to defendant for expenses. This was a singular case, the account attached to the summons showing that plaintiff wa3 indebted to defendant. PARKER BROS. V. NORMAN BY. Defendant did net appear. W. Barker proved the debt of £5 17s Id. Judgment fer the amount claimed, with 8s costs.