MAGISTRATE'S COURT.

Taranaki Daily News, Volume LIV, Issue 138, 6 December 1911, Page 7

MAGISTRATE'S COURT.

A RACING AFFAIR. Before Mr. H. S. Fitzherbert, S.M., yesterday, M. Jones (Mr. Johnstone) sued, J. C. Montefiore (Mr. Weston) for hire of a sulky and a motor. The plaintiff 1 said he let the defendant have a. racing sulky for the Opunake races in March last, on the condition that if his horse did not win he would not charge him for it, but if he won (which he did) the plaintiff was to get £2 for the hire. He accordingly entered £2 against him. He sent him the account, and as the sulky was not returned he charged him 10s per week for it. He had hired the sulky out before, but not on the terms of "no win, no pay." His bills were not disputed. On April 13 he saw Montefiore, who wanted a car to go to Sentry Hill to see a racehorse; he told him he could have; a free run in one he had got from Hawera if he went in the morning. Defendant went in the afternoon, hence the charge of £l. The free oll'efr held good for the morning only. ( They had been dealing for 20 years, and defendant was a good customer of his. The sulky was away 12 weeks. The defendant (J. C. Montefiore) said in March he bought a trotter from Christ- • church. He asked plaintiff about his sulky, who promised it to him, and if he won the race he was to treat him to a new hat, He used thei sulky one evening, and found something wrong with one' of the wheels. The horse was driven in the sulky in the Maiden Handicap at Opunake, and before the race was half , over the sulky broke down. In the big trot the horse was ridden and won. He had not had detailed accounts until the last one; they were accounts rendered. With reference to the car, he met Jones and told him he didn't like it. Plaintiff said he would "shout" him a trip in it, and then he would have a different opinion. Witness went along at 10.45 in the morning, and the chauffeur was tightening up the car, and said they could not get away till one o'clock. He told Jones, who said that would do. The witness said to the ignorant mind the sulky looked all right, but an expert said he would not risk his life in it. Plaintiff renewed his oflfcr. two weeks ago for a free run in the car in the morning. Fred Reston, manager of the London Dental Company, said he heard plaintiff say he. would treat defendant to a free ride in Phillips' car. He was not surprised at defendant being offered a free ride, as he was a good customer. Jas. Kersley, clothier, said he was at Jones' garage in the morning, and the driver said the car would not be ready till after lunch. ' H.'W. Rarraclough, horse owner, Hawera, said the sulky was in bad repair, and refused to ride in it; it was worth £7. To charge 10s a week for. it was exorbitant. Mr. Weston applied for a non-suit, and the Magistrate said he would give judgment at 11 o'clock this (Wednesday) morning. CARTING TIMBER. G. W. Collins (Mr. Standish)" v. G. Hill (Mr. Wilson), claim for £5 for carting timber along Carrington road. Plaintiff agreed to cart nine loads at £1 a load. He understood he was to get the eash. He had accepted four calves as part "payment, lie claimed £1 for grazing defendant's horse. The timber was carted three miles on a bad road, and he could only take 400 ft. in a load. Geo. Hill, of Koru, said he had 4000 ft. of timber to cart, and told plaintiff he could make £2 a. day for two days by carting two loads a day. The distance was 2>/ 2 miles-, and the four calves were for payment, to which plaintiff agreed. He did not ask Collins to fence oil' the road where his horse was grazing, as it was left on the road while he was at work. His Worship said the plaintiff says he was engaged to cart the timber at £1 a load, and the defendant said he arranged to have 4000 ft. carted at £1 a 1000 ft. There was nothing to guide one as. to who was telling the truth. He would allow the plaintiff £]• for carting the fifth load. With regard to tho grazing, the defendant had the .benefit of the fenced-in road, and he would allow £1 for that, judgment being for plaintiff for l £2 and costs £2.