RESIDENT MAGISTRATE'S COURT, FOXTON.

Manawatu Herald, Volume III, Issue 7, 24 September 1880, Page 2

RESIDENT MAGISTRATE'S COURT, FOXTON.

Wednesday, September 23, JBBO. (Before JR. Ward, Esq., R.M., and E. S. Tliynne, Esq., J.P.) Thevo was no criminal business set down for hearing. CIVIL CASES. Trustee in Brown's estate v. P. Cook.— Claim £37 Os 9d— Mr Cook said he hud put the case in Mr Hawkius' hands at last Couit day, and had handed over all his papers and receipts to him ; he had also paid uhu JtS 3s, but he had not attended the Court. He therefore asked for an adjournment. -■•*- His Worship said the Bench would go into the oase, Mr Cook would have his remedy against bis solicitor.— A set off ot £45 13s had. been tiled. — Henry Brown proved the correctness of the claim ; defendant had the 20 sheep charged for ; he told me to charge him with the value of 20 sheep ; over three years ago 1 put 55 sheep on his land, and he was to have half the iucrease ; Cook killed 20 of tham, and I charge him with them at 10s per head ; I con< sider the price a fair one ; with refeieuce to the set-off, I never had any pigs from him ; nor any walnuts or apples ; they were settled for in the first account with Mr Cook's father ; /I may have had the sacks. —By the defendant— No agreement whatever was made to buy the sheep ; no price . for sheep killed was agreed upon. — Eliza* Brown, wife of H. brown, said that to the best of her recollection no pig or pigs had been receded by them from Cook ; we received^ne lot of apples and walnuts from the defondaut ; I serve in the shop ; Ido not think any sacks were retuifted; we received potatoes from Cook on

one occasion I think. — Francis Cook, the defendant, being sworn, said a bill (produced) was in his handwriting ; I am prepared to swear Brown has hnd two pigs from mo ; I believe I have rendered an account to tho estate charging only iOs each for the pigs; I altered the price because I suppose they were worth it ; I believe I charged the trustee (Mr Crowther) j for two pigs ; I sent that account ■» (produced) to Mr Crowther ; there is only one pig charged for there, at 10s; I have supplied Brown with apples on two or three: occasions ; I think its twice ; I could not swear to j it.— By (he Court— l could not say when the two pigs were delivered, but I believe he got them.-— This . concluded the case for the . prosecution^ — T. U. Cook, father of the defend! ant, said that: for years past the defendant had tiansactions with Brown; but he could never understand the accounts, they were so confused ; the arrangement made about N the sheep was my son was to graze them and have half th« increase. — JJy the court — For some few months I kept Brown's books, and sent out the bills ; bat not at tha time the biH produced was sent to my son. — Tho Bench, after consider*! ation, said that the items in the sets • off had evidently been settled for prior to the claim made by the Trustee against defendant. Ihe set-off was reduced to £2 18s 3d ? and judgment would be given- for\£B4 2s 6d, and cos's j£s Is. ; Same v. G. N. Wood. — Claim £7 16s. Defendant said he owed the estate nothing. All the goods he had received from Brown was for firewood delivered to him. He pro-, duced a bill for £11, as a set-off,' which the plaintiff. said he? would allow as fair. Brown admitted that Wood supplied him with firewood ; he believed Woods' set-off jv as correct. — Judgment for defendant with costs. '• :; Same v. P. O'Brien— Claim 7s sd. Defendant said he had paid the money tc Brown, and reminded Mrs Brown to score it off in tho book. — Brown said it might have been paid or not— he could not swear one way or the other. — Judgment for plaintiff and costs, 225. Mr Hankins said that he would not press for his fee in the case