MAGISTRATE'S COURT.

Taranaki Daily News, Volume LIV, Issue 3, 28 June 1911, Page 7

MAGISTRATE'S COURT.

CIVJL BUSINESS. The usual weekly sitting of the Magistrate's Court was held yesterday morning, Mr. H. S. Fit/Jierbert, S.M., presiding. Judgment by default was entered in the following cases:—Chad. Clarke (Mr. C. 11. Weston) v. Bernard C. O'Dowda,, claim £2, and costs 12s; N.Z. Guaranteed Advances Act Commissioner v. Wesley Hooker, claim £2 19s fid (less £2 paid into court), and costs ss; Wm. Priske (Mr. Standish)) v. F. R. Tarrant, claim £7 17s 3d, and costs £1 13s Gd; T. Kata Thompson (Mr. F. E. Wilson) v. Ileni Kepa, claim £4, and costs 16b ; Matilda Duncan (Mr. Standish) v. William Monkley, claim £lB 10s, and costs £1 lis (id; J. A. Tuthill v. Margaret Cassidy, claim £1 19s 6d, and costs ss. JUDGMENT SUMMONSES. ' Joseph Lawn (Mr. Johnstone) v. Whare Rangi, order made for payment of £4 8s fid within seven days, in default seven day's imprisonment. James McNeill (Mr. Hutchcn) v. Samuel Henry Barr-iba.il, on a debt of £ll Is 9d. The judgment debtor, a farmer on the ligmont road, said he farmed fifty acres of freehold, but had no. stock, no implement?, no property at all. His wife and some of the boys were milking a few cows, and there was some young stock over which the sellci had a lien. His wife had been under a doctor's care for three years, and was still under his care. What had "killed" him was the large family of twelve that he had reared. He had not worked much latterly, as lie was getting up, in years. He had not averaged 25s a week wages in the past eighteen months. "If you have reared twelve like I have, Mr. Hutch en," he said, in reply to a question, "you know howflhucli they devour." The legal gentleman smiled. The debtor said he was quite willing to pay his debt when he got the meai.j. The Magistrate said he could not make an order on the evidence adduced, and an adjournment was granted for three months. John Grayson (Mr. Hutchcn) v. Frank S. Drury. No appearance of debtor; order made for payment of £1 5s in seven days, in default seven days' imprisonment,.

Newton King (Mr, Hutchen) v. John Edwards. No appearance of debtor; order made for payment of £7 15s 10(1 in seven (iays, in default seven days' imprisonment. B. H. Somervail (Mr. Hutchcn) v. W. J. Smith, claim £8 7s !)d. The debtor appeared, and gave evidence a,< to hi.l earnings (about £2 a week), that ha had a wife and six children depending on, him, and that he was paying off another judgment debt by instalments. Mr. Hutehen pressed for an order, but His Worship was not satisfied that the debtor had had the means'to pay the ddbt. _ The case was adjourned till September 26th, by which date the debtor considered he would have been able to reduce the amount owing. A RESERVED JUDGMENT. His Worship gave judgment in tke case of A. L. Hunter v. Margaret McGuinness, heard in this court a fortnight ago, Mr. Grey appearing for the plaintiff,' and Mr. Spence for defendant. In this ease the plaintiff alleged that on 27th .'•ur.iarv, 1910, he, in company with one Bennett, a drover, held a. conversation with McGuinness in Waitara. McGuinness informed him he was buying certain cattle on the Moki road, and asked Hunter if he would go in with him, and the latter agreed to do so. Bennett went in to purchase the cattle, and Mc(iuirincßS subsequently went in and inspected them. After that McGuinness came out to Uruti, and meeting Hunter, purchased Hunter's share in the cattle at £25.

His Worship said four defences were raised: (1) That there was no.contract of ] sale; (2) that if there was n contract entered injo the defendant was not. at the time "(January 27t/h, IfllO) mentally capable of entering into such a contract; (3) that this was a partnership account, in which the court, had no jurisdiction; (4) that this sale was a sale of goods of a value of over £ 10, and the Sale of Goods Act should have been strictly complied with, and some earnest given by the defendant of his acceptance of the contract. llis Worship gave judgment for the plaintiff on all counts, and costs wore allowed amounting to .110 2s fid.