Resident Magistrate's Court Foxton.

Manawatu Herald, Volume VII, Issue 235, 18 January 1889, Page 2

Resident Magistrate's Court Foxton.

(Before R. Ward, Esq., RM.,)

Hector Macdonald v. KeeruKuku claim £5 10s 4d. There being no appearance of defendant, judgment was given for plaintiff with costs. Hector Macdonald v. Agnes Macdomald — claim £2 15s lid. In this case Mr Fitzherbert appeared forthe plaintiff, and Mr Hankins for defendant An adjournment was granted on the application of the defendant. T. P. Williams v. Sam Mann — claim £7 4s. There was no appearance of defendant, and no cause shown for absence, it was ordered that the amount be paid forthwith or to be I committed for seven days to Wanganui gaol. ! C. V. Furrie v. W. H. Young— J claim £2 17s 3d. Airount was ordered to be paid at the rate of ten shilling a month. Baker & Co. v. Tiemini Kawana — claim £32 Is. Mr Hankins appeared for Baker & Co. This was a claim made by S. M. Baker representing Baker & Co. for the services of Feve and Somnus. The defendant relied upon his having filed during the period as an acquittance, but the judgment went for plaintiffs less one guinea, an allowance which Baker & Co. thought they had already made. J. Harris v. H. Macdonald was adjourned on the application of Mr Fitzherbert, defendants solicitor, to next court.

George Gray v. Wiremu Kiriwehi — claim £20. Mr Fitzherbert for plaintiff. Mr Hankins acting for Mr A. S. Baker for defendant. This was a claim for damages for non-delivery of sixteen head of cattle, upon which one pound had been paid on deposit Mr Gray deposed, that on the 3rd December last he had purchased 16 head of cattle from the defendant, paying him one pound as a deposit, and receiving a receipt. The cattle were to be taken delivery at Kereru on the 7th and the balance of the purchase money to be then paid. That on the morning of the 7th just as he was preparing to start to take delivery, he met defendant in Foxton, who informed him that he had sold the cattle to G. Coley.

The defendant's plea was, that Gray had agreed to pay him a further sum of £5 on the following day, and had put him off to the next day, and had then disappointed him, and he had then told Gray that he should sell the cattle to G. Coley. That Gray had said " all right, sell the cattle to Coley."

There was some evidence given by J. Birchley and J. McGregor, but the whole case rested upon the credi* tability of the plaintiff and defendant, the negotiations having been between themselves alone, and was flatly contradictory. Judgment was given for the whole amount claimed with costs.