MAGISTRATE’S COURT.

Manawatu Herald, Volume XXXIX, Issue 1745, 27 October 1917, Page 3

MAGISTRATE’S COURT.

A CATTLE DEAL,

At Hie Magistrate’s Court yesterday, Thomas Boavc proceeded against John JukloAvski to recover the sum of £0 2s Od, being the value of one steer purchased in a line of 33 from the plaintiff and not paid for.

The plaintiff stated that defendant Avas introduced to him as a slock dealer by Mr CraAvley. Witness had a line of stock for stile, and his son rounded them up. One animal got ttAvay, leaving 32 in the paddock, Avhich defendant agreed to buy tit £6 2s Od cacti. He paid avUness a cheque for £196, and upon Avitness asking for exchange he added a further ten shillings to the cheque. Tavo days later defendant’s drover called for the stock, and said he Avas to get 33. Witness said that only 32 had been paid for, but thinking that he Avoukl be able to collect the money for the extra one he let the drover take it. He also sent his son and the drover to ask Mr CraAvley lioav many had been paid for. Later witness suav Mr Crawley, and he said that payment for the extra one Avould be forthcoming from defendant all right. Deiprin Boavc stated that he Avas present Avhen the deal avus made. Thirty-tAvo head Avere sold at £6 2s 6d. His father then Avent aAvay. Witness told defendant that one, making 33, had broken aAvay, and he said he Avould have a look at it. AVhen the drover came for the stock he said he Avas to get 33, Witness and the drover Avent to see Mr CraAvley, and he said there Avere 32 in the line, Freeman H. CraAvley said that ho arranged -Avith defendant to have a look at plaintiff’s stock, and ns a result a deal Avas made for 32, After Mr Boavc had left, his son said one beast had broken away, and defendant had a look at it and decided to take it, making 33 in all. When the cheque Avas made out only 32 Avere patfl for. When the drover and plaintiff’s son asked him lioav many Avere in the line, he said 33. At the request of Mr BoAve he approached defendant for payment of the extra animal, and he got very angry and declined to pay. John PukloAvski stated that the deal for the stock AA’as made on the basis of £5 10s for yearlings and £8 for 18-months did animals. There Avere 27 yearlings and six 18-mon-ths, iqaking a total amount of £196 10s, for Avhich he gave Mf Bowe a cheque. Plaintiff asked for exchange, but Avituess refused, as he said he never paid exchange, George A. Seholes, drover, stated that defendant instructed him to get 33 steers from plaintiff, but when he arrived there plaintiff said only 32 had been paid for. On the matter being referred to Mr Crqwley, he'said'there were 33.

The Magistrate, after a lengthy summing up, gave judgment for defendant, with costs £1 Is.