RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume III, Issue 254, 8 May 1866, Page 1

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch, Esq., R.M.) MONDAY, 7th MAY. HOOD AJST) CO. T. EILET. Claim for £2 Bs.; goods sold. No appearance of defendant. Judgment for plaintiff, with costs. GALBBAITH V. M'IEAK. This was a claim for £49 10s — damages for breach of contract, in respect, to the 1 exchange of a horse. Mr Harvey for plaintiff, Mr Eeid for defendant.- --: The defendant pleaded that he was induced to enter into the contract by the fraud and misrepresentation of the plaintiff; and further, that he (defendant) was an infant at the date of the alleged contract. Mr Harvey having addressed the Court, it was determined that the defen--1 dant should begin by proving the infamy, and accordingly, Jeremiah M'Lean, the defendent; swore that he was between 17 and 18 years of age, and was born at Auckland. Henry M'Lean, brother of defendent, gave similar evidence. Counsel on both sides addressed the Court, it being contended on the part of the plaintiff that from the nature of the defendant's calling (a ffarm- servant on a station where he required a horse for his own purpose) the horse, the subject of .the action, was a necessary within the meaning of the statute. The Resident Magistrate decided that defendant was not liable, and plaintiff was nonsuited.