RESIDENT MAGISTRATE COURT. OTAKI.

Manawatu Herald, Volume III, Issue 83, 17 June 1881, Page 2

RESIDENT MAGISTRATE COURT. OTAKI.

: ♦" ■ Wednesday, June 15, 1881. (Before R, Ward, Esq., R.M.) There was no criminal business brought before the Court, ' •' CIVIL CASES. H. M 'Donald v. H. Clark.— Claim £20, balance due on the sale of 19 borgea,—Defendant pleaded not indebted, and produced a receipt showing that the debt had been paid in full. — It appeared that the price agreed upon for the horses was £60,: but defendant's case was that he made a bad sale of the horses, and plaintiff consented to take £40 for the debt. Defendant also admitted that when the £40 was paid he told plaintiff he would make him a present of a ten-pound note if he had good luck with the next sale of horses. — Plaintiff's: case was that the £40 was taken on account, and he gave the receipt in full, so that defendant, who desired to sell the horses, would be able to show they were' his property. — A lot of evidence was taken, in which there was a diacrepancyas to the date on which the horses were sold, but the main facts were as above.— Eventually, Mr Hankins, who appeared for plaintiff, said that after seeing some documentary evidence which defendant tendered, he would accept a non-suit, as his client was evidently under a wrong impression as to the date on which the actual sale had taken place. — Judgment accordingly. H., M 'Donald -v. Karaitiana. — Claim £1 10s, value of three sheep alleged to have been killed by defendant's dog. — Mr Hankins for plaintiff. — Plaintiff deposed that in crossing his run in April he saw defendant hunting; about in a swamp with a dog ; there were some sheep there all running furiously about, and on looking in the swamp found three breeding ewes had been killed just before, as they were quite warm ; the do? had no collar on ; the sheep were on his property, and had. his .brand and earmark on. He demanded the dot; from defendant, but he would not give it up. — John M 'Donald corroborated his brother's evidence. — Defendant denied knowing anything about the matter at all, and swore the first he had heard of the affair was when the summons' was served on him. Judgment for plaintiff and costs, £1 18s. J. A. Knocks v. W. Birnett.— Claim £3 8s 9d for rates owing to Otaki Highways Board. — Judgment for plaintiff for amount and costs, 14s. "■" Same v. Henry Symons. — Claim £2 los Od. Judgment for amount and costs, 14a. Same v. Win. Greenough.— Claim £4 17s Bd. Judgment for amount and costs, 7s. John Harper v. C. Barnes. —Claim £3 Is 2d, Judgment for amount and costs, 7s. Same v. Frank Abel.— Claim £3 8s 6d. — Judgment for amount claimed and costs. J. H. Waistcoat v. T. Rawlinson. — Claim £2 3s b'l. — Judgment for amount claimed and costs. F. Bills v. Amo. -Claim £1 13s SiJudgment for amount claimed and costs, 16a. C. Mitchell v. Amo.— Claim £3 8s 3d. Judgment for amount and costs, Id's.