KORU CATTLE CASE.

Taranaki Daily News, Volume XLVII, Issue 8158, 17 July 1906, Page 3

KORU CATTLE CASE.

The S.M., Mr Hutchison, gave judgment on Monday in the Koru ca>e, Billing y. Collis, a claim for £l2, price of cattle sold or delivered. The Magistrate's written judgment stated : The sale by Mrs Bishop, as agent for the plaintiff, is admitted. The defence is that Mrs Bishop was paid without knowledge that the plaintiff was the principal. I observed at the heading that the evidence upon the plea of payment was so contradictory as to give little hope of a satisfactory decision upon the question. Reflection

has not brought me any further light, and I find it impossib'e to determine with any reasonable degree of probability on which side the truth lies. There i<, in the production of paid cheques in favor of Mrs Bishop, evidence of payment to her, but no satisfactory evidence ot any payment on account ot these cattle. It is, I believe, possible to produce further evidence upon this question, and therefore, although the aggregate amount of the cheques produced decs not quite cover the amount claimed, I think the better course will be to record a nonsuit, withoat costs. The plaintiff is accordingly non-suited, and no costs are allowed.