RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 43, 9 March 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

? ALME RSTON NORTH,

■= TacfiSDAY, 7th jsI arch, 187$. (Befow R. Ward, Esq., R £ M.), A. H. Wylds v. Blajfsley, , Claim, £3 (amount of promissory, note).. Judgement, by |default,..ampuntt. and costs. Thos. Skinner y. A. Campbell. Q!aim,,£lO 2s, being £5. fpr. yalue. ofr

pony left m defendant's care, and £5 2s for damages arising through non-de-livery of same, Mr Baraicoat appeared for the defendant. Plaintiff stated that he had handed the pony over to defendant to graze m his paddock at Is 6d per week.- He shortly afterwards went to see how things were going on, and found that the animal was missing, it having got away. He acquainted defendant, who promised to send one of his v men to search for it. The horse was not found, and a notice was served on the defendant to the effect that plaintiff would sue for value and damages.. Defendant tcjd plaintiff he could sue if he wished. [Plaintiff here admitted that Ids horse had been found by a native at Jaokeytowri.] . It was contended that the animal was only, lent *° * oe defendant for the pnrpose of getting m some cattle, and not handed over for any gracing purpose, ; His Worship said that, from the cvi. denoe before him, he must nonsuit \ plaintiff, with oosts of Court, and counsel's fee, 21s, and one witness, 15s, JUndolph Si Walker v, Ev SymbnsV Claim, £6 17s. 2d, Judgment for amount, and oasts, 13s, -" > ~- Kemper v. E, Syraons. Claim, 12s, Judgment for amount* and co.»tsv9s, Mack-ie v. H\ Fuller, Claim, £A Ws, Judgment for amount, :. *n.d costs, fa, ' "Macfei^ T, AleXv S^hult^ . l?o> pwxrf of- ssrv-ie© pi auittmousv Walton <fe King V, R, Marshall, Judgment; summons:. To. he paid forthwith., or, m default, 14 days' iw« prisoflmeaV J, W, laddell V, W. doodlsson, This case was adjourned from last fitting for- the purpose, of enabling the .■" interested parties to produce witnesses, Georgp xiTyei fitness fox plaintiff, proved that on the dates named m the accounts he bad sold and delivered cer-. tain goods to the order of M 2& W. - Goodissou, The , defendant disputed this on the . grounds. that the person who ordered the goods was not Mrs W. Gcvodisson, and that she was not living with him at the time, the goods were ordered, and . delivered. Defendant admitted that he iad cohabited mtU t Vas woman* and tad lived with, her m Taonui street, l>ut previous to thp date named she had left him. His W or «hi> ruled that defendant was liable fox the amount sued for,* and . quoted, the following extract v^ ?- Where a mas* whether pjar^^ed ortingle, allows, a wora.au to whom he is not iparried. tq, assume his name as his wi,fe,, or where he. usupUy Uv«a with her and treats her as. if! she were hid wife, hg> Va>bl)e for debts contracted for rfficessaries. supplied to ier or her order t otherwise tluvtk on hen own credit, ieveh ..by. a. tradesman or o^he^ person who waa awwe. of the. fact that sh* was 9ot hia vcif*>if the dehts were conducted during the .conAfowmce of the conjiectip% 01? 'fven after it 'ceased, so long as tlie- creditor who trusted to. the supposed coverture, + pr the' connection at tap tUßfr' h subsisted, * was. not aware of tlie subsequent separation." -c^-Sjnratfa MM$4&Qt Q<W&.os. £aw (page -- Judgment for ampuß* cMmed^ with posts, of court.. . J.. Poad v.. Bichiterr A <X &aim,.£_n. This was a. case, m wjiicb, pla&ntijffi as owner of the entice house,, 'Young Geheral^ ciaim.ed, the: above sum for services, rendered by. th# horse, to, thrpp. fliajfes* the property of Bjtfhfier. <fe Go>, , The defettdauts! ohjpcipdl tKhtb&tfaijrv jpent on, thft. g^bu^d; that tbiey hfilldi a fWOfttee^ audi wer,e. npfc entitled, to :*&&% »swpiMi wtil i* waa piroxed. that ih& nH]ges wer,e m foal.. ' $b# plaintiff argued thai they held 90> written guarantee,, and that if ' any gw^.tee.: was. ©:VQr given, i* mmi be m TKriitiiogs ©e^w&injte adtoj'tdjed that they held 3P> s»«h, WftiiMipn, guarantee,, nor. iky it <tW&orims' t|Q» hav.e such a document.. Sjhey- maSfe. a v.er,l*ali agreement with '$03$. afld. alvy.ay.a pojnsiichjrpd: it binding on both-. Hisr t^'o^slM^ fo Qr.dej: to. get alii yossibh* iialDJcmat^n^ suggested, that ferhapssoqjpQnjeqos&libe got who. had ad some- eacperijenpe- m, suph cases* .-^Phe case. wa& adjoufned for asho^t time, when, Mr,- Maokip waa produced, for the putposQ.ofrgiving his. experience.. He. said that l^hadl o«n.edl entire^ and travelled thorn,, andi hpcb gcrpq, gu»ran-. teeaoften,. but not iin; writing.. Ijn some inst^npes certain, persons. wQuhl i^isiist oh a written, guarantee., but such, was notusuali He believed it wsas us^al to, give written guarantees, with, hfgh^lass.horses.. After patiently listening to a3 tlie evidence- i» connection with thp, case Vefore:him,.his Worshi© semarkedj that the/ewdpqee was mosq : de«ided% m. JSavbr 1 off^ th]e :defendapts,. who^" hothought,., were jiystiS^d m Quaking; they held a guacantQc ; bujt i», or.der tothorpughly we^gU the matt or,, he- would adjourn the ease for 14days. ; The defendants ofßeted" to pay the aiim of £lp,, but this of&}^^as;dfisinedi >y the plaintiff.

Owing; to, the absence of all th». Qbm-. missioners*. the Licensing Coubi} was adjourned for fourteen days..