HORSE DEALER AND NEW CHUM.

Taranaki Daily News, Volume XLVII, Issue 81860, 9 October 1906, Page 2

HORSE DEALER AND NEW CHUM.

A MANGOKEI CASE.

Jn the Magistrate's Court on Monday, John Mulqueen sued Edwin Marshall for ,£lO, tho price of a bay mare pony sold by plaintiff to defendant.

Mr QuilUam appeared for plaintiff and Mr Gray for defendant. The plaintiff told his story that ho, a horse dealer, acting on instructions from the defendant, a farm cadet, looked out for a horse for Mat'-hall. Vcund one, and wrote to Marshall to that effect. The defendant came in to sec him, and wanted to lake the noise right away, but the plaintiff said, "No, 1 won't sell you a horse in Hie dark." So it was arranged that the plaintiff should take the mare out to Stevenson's farm at Mangorci, where Marshall was employed. He did so. When he got there defendant was busy milking,, and they arranged that they would inspect the marc later at Lyttclton's. Accordingly, they tri(;cl her, and the defendant rode the mare round a 15 or 20-acre paddock, and afterwards rode the mare home, on the understanding that heVliou'cl give a definite answer next morning. The plaintiff went over to Stevenson's next morning, and found Stevenson examining Ihe mare. He rode her two or three limes round the paddock, and Stevenson ttsked the price, expressing himself satisfied, remarking, however, that "he had nothing to do with it.'' Sievenson went away, mid Marshall tried the mare. Defendant asked, "How wi'l fy do?" He answered,

"It won't do at all. 1 won't sell at a Sixpence less than £10." Marshall then agreed to take her at ,£lO, plaintiff saying the mare was sound as far as ho knew. Marshall asked, for a few days' grace to allow of hjm drawing the money oyt of the post ojlice, payment to be made at New Plymouth on the Saturday night following. The defendant said 1 ithat "mujst. of f| w young fellows that COinc' out from Homo are net up t 0 much, but yon will find lam honest. If yo.u don't think 1 am, 1 wil( put my pen to paper." But the plaintiff said that was unnecessary. A day or two after, and before the Saturday, he received a letter from defendant stating he would not keep the mare, as he did not believe 'she was sound. The p'ahuiff, with his wife, drove out on Saturday to see what wa,s wrong.

To Mr Gray: Denied that he had promised to let Maishall have a horse on trial, and the latter had not stipulated for a trial. Violet' M. Mulqueen, the wife of the plaintiff, corroborated plaintiff's evidence.

Mr Gray, in opening the defence, said the defendant was newly out from Home, and knew litt'e about horses. Mulqueen promised to get him a horse, and give him a trial. He called

Edwin Marshall, who said he had come out from Englind in Janua.y. lie had been at the. hardware trade at Home. Knew "nothing about horses, knew the head from the tail, and might know a horse from a donkey; that Kit about all.' 1 When Mulqueen undertook to get him a horse, it wa,s on the strict undei standing that ho should bo given a trial, and a chance to consult with someone who knew about the hois.-. The plaintiff agreed to this. When the plaintiff came to him on the Tuesday night, witness said he had decided not to take any further steps in the buying of a hoi so, as he did not think there would be sufficient feed on the farm. Mulqueen said there would be no difficulty about that. Lyttelton would probably keep the ho:' c for him" without knowledge. p,n UlO Tuesday night h<- did not ride the horse at a' l . On the Wednesday morning he did not iry the animal at all. Noticed a iscab on the knee. After a conversation with Stevenson, asked Mulqueen about the knee. He answered she had been "down,'-' and warranted her perfectly sound. He objected to the price, as he wanted a horse at £7 or /IS, and told plaintiff so, He agreed, however, u» tiy her, a trial haying been previously agreed upon. If the marc was suitable, he would ride her in on Saturday, and pay for her; if not, s|o- was to be returned to Lynelion's. Pv.iiuiff at-ked for ' the money, guaiaiitecing to return il if die horse was unsuitable. This was declined, as also was a request for a deposit. That same day hj? took the horse to a man named Colson, who dviscd him not to buy. Hi then wrote declining to fake the ani-

John Colson was called, and swote that he had seen t', ( . hoi l *. One knee was badly broken a month before, and the nlher had been broken probably twelve months ago. The recent injury looked like the re-open-ing- of an injury a month old. The Magistrate: It was a brokendown crock ?

Witness: Yes, a broken-down crock. No man will, any common-sense wuukl buy a horse in such a state. The outside V ahie was ft. A "new chum" who gave .£lO would be badlv 1.;,'.

W. N. Slephcnson. farmer, at Mangoiei. remembered ihe Wednesday inn: ning- in question, and saw then that the ho.'.e had a swelled knee. He wcu ; d not have paid £\o for the horse. The Magistrate said he was of opinion (hat the plaintiff had not disclir rged ihc onus- of proof laid upon him. and he would b.e nori-suttod. Cists were allowed: Witness? £1 y', counsel £l. fjourt crisis 4/.