R. M. COURT.

Manawatu Standard, Volume IV, Issue 251, 19 September 1884, Page 2

R. M. COURT.

YESTERDAY,

(Hcforo R. Ward, Esq., R.M.) . "C. J. Scott, Orticial Assignee, m (Jam man's estate, v. J. FT. AndersonClaim ,£3B 2s, for the supply of timber—continued. John Johnson, carpenter : deposed, that he made out the order for the timber amd gave it to Mr Gam man, which he promised faithfully to de- J liver m time. He did not deliver any till the 2Lst which put them to a good deal of inconvience. Cross examined by Mr Hawkins. I waited from the ,sth to the 21st before arty timber came. & Ewibg, contractor, deposed to waiting about the town for more than a fortnight before any timber arrived, and afterwards Richter and Co. had to supply a large portion of the timber at an advance m price upon Gammans. E. J. Armstrong, Engineer : remember iliu contract let to Anderxon k> construct 2 miles of road and two bridges over the Tiritea stream, Was asked by Gam man to go lotheiniil and pa s the tinjbey ordered. for the con-r tract by Aendersou. I went accordingly and passed the timber. Auderson canio after watds and asked me if witness would enforce tl.o penalty for not proceeding with the contract, as he was delayed by Gammon not for- i warding tihe timber m the time agreed upon. Told him if he could not get the timber from one person hit could from another and he would have to keop to the terms of Iris contract After counsel for both sides had addressed the court,, judgment was reserved till next court day. Erine Te Aw« y. Wirimu Tira, (Kea). Claim Jg4 3s 3d. Mr Johnston (at defendant, Mr Baker for plaintiff. Claim for proceeds of sale of horse. Judgment for plaintiff aud costs. A. Clausen v. Wm. Akers. Claim JBI7 2s, alleged wrongful conversion oi s ocks. Mr Hankins for plaintiff, ; and Mr Baker for defendant. Mr Luxford, by Mr Hankins, remember selling s-irae stock to Mr Akern sdiuo time back; it was on a Thursday, the sale whs contracted and the cattle were taken away on the following day. Andrew Clausen called, remembered missing some young stock about 6 ' or 7 weeks ago (i heifers and "one young stee) they were m good condition being well wintered, was 7 days looking for the cattle, brother went over to Mr Akers' place and saw the stock there last Friday, I saw Mr Akers and he refused to deliver the stock unless I saw the pound keeper and paid him the expenses. F. Clausen remembered going to look for the cattle and found two of 1 them m Mr Aker's paddock. I asked Mr Aker's for possession, he said I could have them at once if I j wished but that he expected the butcher would be coming for a mob of cattle and he could then take them. .- . Cross examined by Mr Baker : Some of them were branded, knew them the moment 1 saw them on Mr Akers' land, do not remember Mi Akers' .saying that if they were not taken away within a week he would impound them. Mr Akers recalled by Mr Hankibs. When I bought the cattle from Mr Luxford I was informed 'there were 20 head more or less. I went and took possession of them off. Mr Luxford's land and drove them on to my own place, there were 25 head. F; •Clausen came to me after this and told me I had five head of cattle belongiug to him, I said 1 was glad the ownei of them had turned up, and that he might have them at once or that it did not matter for a week. I waited over a mouth before he came agaiu t to take them away. When he did come I told him they were impounded and that he would have to j pay the fees. When young Clausen saw mejfirst I told him that if they were not taken away within a week I should impound them. . ' On being recalled Mr Akers m reply, to Mr Hankins stated he gave the poundkeeper a dpsoription of the' stock and that he found since he had i-npounded his o«n stock* Mr Baker here applied for a nonsuit on the grounds that the action brought was an illegal one, the proper course to have been taken being to sue for illegally impounding. Mr Hanktus opposed this . application and ihe Bench refused to grant it ' •■•■••■■ •• . .■ ■• "Mr Bak<?r tfjpn prope^d ty dpfe.n<i thp c-ise o,n its merits an,d ex %tninqd other witnesses. A discussion took place here as to. il^e' market value of the stock hot }| at the time they were sold and at the present. Counsels on both sides displaying considerable knowledge of the ruling 1 pricoj. Counsels on both sides having addressed the the Bench the Magistrate gave judgment for plaintiff as follows: — I think Mr Akers ought to have . returned the cattle himself when he found out his mistake. He ought to have rectified that mistake at once. Judgment for £10 value of cattle at £2 per head to be reduced to Is and costs on the stook being returned, costs of court 225, witnesses expenses £\, ooun^el's ice £1 }s.