RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume IX, Issue 248, 19 October 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before Lowthbr Broad, Esq., R M] This Day. Harvey v. Thomas. This was an action for detinue brought by Isaac Hirrey of Happy Valley, against Gei. Thomas, a cab proprietor, to recover a certain hor-e, said to be the property of the p aintiff , or his value £30. Mr Fell appeared for the nlaintiff, and Mr Acton Adams for the defendant. For the plaintiff it was stated that the horse claimed belonged to him, and that he had been at the defendant's request left with him by the plaintiff's son, whilst young Harvey took home a horse belonging to deendant, which defendant wished to exchange for plaintiff's horse, in order that his fa- her might see it. Thn defendant alleged that young Harvey and Mrs Harvey had actually concluded an exchange, and when his horse was returned he r. fused to give up Harvey's horse. The plaintiff totally repu iated the whole affair and positively denied that he had authorised hi* s«m or his wife to deal with the defendant in any way about the horse. Mr Pelt relied on the want of authority to contract on the part of the son and wife, and did n< t cross-examine the defendant's witnesses either as to the facts of the bargain or the value of the horae. After a long hearing hia Worship said that the conflict of evidence made the case an unsavory one, and that the defendant must draw from ii the moral that he muse n>t in future make bargains with cute old ladies unless sure that they had their husbands' authority. He was not satisfied that the son or wife ba<i any authority, or that any bargain , if made by either of them, had been ratified by the father. Judgment for the return of the horse, or its value £30. and costs £3 7s.