A HORSE DEAL.

Motueka Star, Volume IV, Issue 167, 27 March 1903, Page 4

A HORSE DEAL.

At the local Stipendary Magistrate's Court, on Tuesday morning, Mr Wilson Heaps presiding, John William Taylor, of Motueka, sued James Davy, of Central Moutere, for the recovery of a draught gelding, valued at .£3O, detained by defendant and £5 damages for such detention.

Mr Johansen appeared ford the plaintiff and Mr C. Barley for defendant.

After briefly stating the facets of the case, Mr Johansen called

John William Taylor, who deposed : Remember the evening of the 14th March. Defendant came to my place and stated he heard I had a horse to exchange. After looking at the animal which defendant valued it at .£27, it was agreed that we should exchange horses and I was to receive, in addition, £5 in three months' time, if his horse suited me. The agreement was come to on tha road in the dark. Defendant brought horse to the door of the kiln and I called my people out to look at the horse. My son said he did not think the animal as it looked too bony. In the presence of the family Davy said "If the hoise does not suit bring it back and the deal is off." He took rny horse away with hiin and in the morningr returned and delivered his horse. Tried the horse on Monday and had a shoe put on him. Could not get him out of a walk. The horse had all his work to take half a ton of green hops out of the hop garden. The horse began to scour on Monday. Next day sent him with Chant to Davy, who refused delivery and he was brought back. On Wednesday, in company with Atkins, went to the Moutere and saw defendant, who again refused to accept delivery and said he would see the affair through. The condition of the horse was poor and low and he did not suit me ; it had been overworked and underfed and would require six months to recover its condition. Had lost time over the affair.

Cross examined by Mr Harley : Chant tohl me that Davy had a good horse to sell or exchange. The deal was made out on the road and the .£5 was to he paid if the horse suited. On Saturday night told Chant about the deal and mentioned the* % conditions. Davy took both horses away on Saturday evening and next day returned with his. If my horse had died would net have given Davy's back without some consideration. Never made such a |deal before. Examined by Mr Johansen : Davy never asked for any stipulation about my horse. I stipulated a trial of hisand he expressed himself satisfied. The question of risk never occurred to me. Davy's horse is now in my paddock with the others and appeared lively. Mary Taylor, wife of plaintiff, Annie Taylor, a sister, and Bertram Taylor, a son, gave evidence, the three witnesses being positive that defendant said, in reference to the exchange, "If the h >rse does not suit, bring it back, and the deal is off on both sides."

Cecil Atkins disposed : I was at Taylor's place on Sunday, the 15th, when Davy brought his horse, and heard him say "If the horse does not suit, bring it back and the deal is off."" The condition of the horse was poor and it was not in a fit state to work at present ; it would take two or three months to get better. Was of opinionthe horse had been badly strained. Yalued it at about

Cross examined by Mr Harley r Davy made the same remark in the kiln about-returning the , animal. Mr Harley, who was instructed by his client that the transaction was an. outright deal, called the defendant. James Davy who deposed that he

was a farmer residing in Central \ Muuteie. Went to Taylor's house on Saturday night with the object of making a deal. Saw Taylor at the kiln and explained what he had coma tor. Both horses were inspect el, plaintiff remarking that my hcrss looked in poor condition. The exchange was agreed to and I was to give Taylor £5 to boot, payable in three month's "* time. Only saw the young woman and boy afterwards. Nothing was said in my hearing about the horse being bony, or about the • horse not suiting. Went home with both animals and returned on Sunday with mine, which I delivered. Have not at any time told Taylor, or anyone else that if the horse did not suit it could be sent back. Did tell Taylor that sooner than have any bother, if returned in the same condition as .vhen delivered I would take it back. Did not know the horse had the gripes. Have always been good friends with T ay lot. Gross examined by Mr Johansen : Do not know how the horse is now. I deny that there were any stipulations. All the statements made are false as far as they relate to the return of the horse. William Ghant deposed : Know both horses. Taylor told me he wanted a lighter horse and 1 mentioned the matter to Davy. About midnight on . Saturday I saw Taylor in the kiln and he told me Davy had been there and had taken the horse away ; also that he was to get .£5 to boot from Davy. Cross examined by Mr Johansea : Do not know anything more about the deal. His Worship in giving judgment, referred to Davy's appearance at Tayloi's house, without previous announcement, to make a deal which was effected in the dark. It was a reasonable view to take that Davy, being anxious make an exchange, offered £5 to boot, and Atkins' evidence confirmed the stipulation as to the return of the horse if found unsuitable. Judgment would be given for the immediate return of the horse, or its value ,£3O. No award would be given for damages. Costs amounting to £5 2s, were allowed.