Resident Magistrate's Court. TE AROHA.

Te Aroha News, Volume VII, Issue 377, 15 June 1889, Page 2

Resident Magistrate's Court. TE AROHA.

TUESDAl 7 , JUNE 11th, 1889. [Before Messrs" Dobson and Kant, J's P.] Robert Mackie v. T. Aitken, claim £2 6s 4d ; for milk supplied. Judgment by default foi amount claimed, vifth costs 6s. Geo. Given v. Wm. Ilollen and Geo. Holden, senr , claim £7 10s (mhile uo as follows :— 2 rows at £3 12s G! each, with interest fiom January, ss). Sir Wm Wasien^y*, solicitor appeared for the plaintiff ; an 1 briefly open ad the ca^e. Geo. Given (sworn) stated : I am a salesman residing at Mdtamata. On the 22n<l Januuy last William Holden, one of the defendant, asked me if I had any cows for sale, as he wanted four. I replied I had not got four cows for sale, but had two, and agreed to sell them to him for £3 12s 6d each. Defendant told me he would pay me when I delivered the cows. I delivered the cows on his father's (Geo. Holden, <?enr.) premises, but cou'd not say if he saw me do so. Win. Holden told me to go to hi-, father and get my monej', but when I went to the elder defendant he told me he would not pay the amount. They offered me £4 to settle the nvitier, I refused this. Wm. Holden then told me he had lost one of the cowf, and a^ked rae for the brand and the colour, which T gave him ; and he told me he had advertised for the cow, He then referred me to his brother whose address he guve me. I wrote to the brother, but got no rep]}'. They tliefr brought me a receipt for me to sign for £4, as settlement in full, which I refused to do. 1 then issued a summons for the recovery .of the amount. An offer was subsequently made of £5 193 ; this r<also_ declined, I sold the cows to William Holden. In reply to Geo. Holden, senr.: You asked me who bought the cows. 1 told you William. Yuu did not object to my leaving the cows at your place for him. I went to your son aud told him I had brought the cows. You told me you did not authorise anyone to bu}- the cows, and that you would have nothing to do with them. You told me one of the cows went away about thiee hours after I left. By the Bench : I sold the cows to Wm. Holden. I delivered them at his father's place according to. his inetructions. He did not see the cows previous to purchasing them. When I went back for the money he told me one of the cows was lost. I have not seen the cows since they were delivered. They agreed to pay the money if I would wait a little while^ — Tenpenny (sworn), stated : He saw the cows delivered. One went away next morning. Mr Given delivered them in Derson. Mr Geo. Holden said he had bought no cows, and would have nothing to do with them. I am in the employ of Mr Geo. Holden, and I milked the cow that remained, The cows ot both the defendants run together, lam not aware of anyone going iv search of the cow that was lost, Geo. Holden, sen. (sworn;, stated : When defendant came with the cows I wanted to know whose they were. Tlain-ti-ffi said my son had bought them. Plainti3: wanted to see my son, and I told him whore he would find him, He came back and told me my son said it was all right. 1 One of the cows was put in the cow-house and the other in the paddock, By-the Bench : I was piesent.when the offer of £5 19s was made by my son to plaintiff, but I said nothing. By Sir Wm. Wasteneys : 1 did not pled ore myself to pay tbeanmun*-. I t-01-1 Mr Giveu the cows, would be r>;vd f'-rifln would have pntienco. Mr Gtv< i) u»f Mt - fow in th-T bail himself, I hnd ooruing to do with thiMii whatever. XV ip. H olden (bworn), stated : I nn]y bought thj low 1 havo at present. OonM not say where tho purchase was niado.