A KORU CATTLE CASE.

Taranaki Daily News, Volume XLVII, Issue 8153, 10 July 1906, Page 2

A KORU CATTLE CASE.

PLAINTIFF'S PECULIAR POSITION. Mr Quilliam fop the plaintiff, and Mr Malone for defendant, were the counsel engaged in a case in the New Plymouth Magistrate's Court on Moillay, in which Cholwill Billing sued A !5 Collins for £l2, price of two cows sold and delivered to defendant. The evidence of the plaintiff showed that he owned a farm at Koru, occupy John and Maud M Bishop, and ho authorised the lattor to sell any cows that were unsuitable for their use. Two cows were accordingly sold to defendant in October, 1903, Cross-questioned by Air Malono, plaintiff said he had not applied for the money until May last. He had laid defendant money (ibout £l7) this /ear, but had not mentioned this matter, thinking that Bishops would have oollected the money. Mrs Bishop was called by the plaintiff, and stated the defendant knew the cattla belonged to Billing. She hud askod Collins three or four times for the money, but he said, " You needn't push a man just yet." On one occasion the defendant had refused to pay. Answering Mr Malone, the witnoss said she had not recoived any cheque on account. (A cheque for £2, which liad beon cashod at the bank, signed by defendant, and made out in favour of the witness, was put in). Witness said she had never seen the cheque before. Mr Malone brought up a claim for £lO for grazing Bishop's cattle on defendant s land as a sot-off. ■ Argument ensued, Mr Malone contending that hs could enter a set-off without notice, whilst Mr Quilliam opposed. The Magistrate upheld the objection, and refused to accept this evidence without notice being given to the plaintiffi of the set-off. The evidence of the defendant was to the effect that he had been asked by Vlrs Bishop to buy the two cows, and did so, the arrangement being that he should pay when it suited him. He paid £2 deposit to Mrs Bishop that day at Koru, £3 on account by cheque to her husband at Bahotu, and a cheque for £llos to Mrs Bishop, all within a month of the sale, and a cheque for £1 to J. Bishop late in November. In M.ay, 1905, a cheque for £1 had been given to Bishop. At Mrs Bishop's request he had paid £1 lis to Mr J. A, Whitaker, a storekeeper at New Plymouth, understanding the payment would reduce his liability for the cows. Those payments totalled £ll Is Bd. Ho had never received any account for the cattle, and the first notice he had received was Messrs Ooyett and Quilliam's demand for the money. A few days after this he had met Mrs Bishop on the Plymouth road. She said that if he (witness) would pay the money to the solicitors she would refund it later. She had been short of monej. He replied that he could not see his way clear to pay a second time, remarking he knew the accounts were more than squared. Ho had never had any demand from Mr Billing, and had not known him in this transaction The solicitors' letter had evidently, been written on the instruction of Mrs Maud M. Bishop, who was plaintiff's agent in the matter. He had not known until he got the summons that the cows belonged to Jfr Billing. Cross-examined by Mr Quilliam, witness said he had told the plaintiff he would not pay this claim, aa he had paid £5 to J. A. Whitaker, grocer, and paid other money by cheque to the Bishops. Billing said, " I didn't know it was like that." He had never told a man named Patrick Baili that ho had " made a good thing out of the cows." He had only mado 10s on the transaction.

The plaintiff was recalled, and stated that defendant liad told Kim U • had already paid for the cows by settling tradesmen's accounts for the Bishops. There was no mention then of cheques given direct to Bishops. He kut'\v there was " bad blood " between Collins and the Bishops. He had not asked Bishops for the putchase money o£ the cattle, as he generally allowed them to " work it out."

The Mag'strate, in deferring judgment, said ho wanted moro information about the cheques, as to their presentation at the bank, by whom, and so forth. Judgment was reserved.