MAGISTRATE'S COURT.

Taranaki Daily News, 30 January 1918, Page 6

MAGISTRATE'S COURT.

VKSTEkUAV'S -SITTi.Vt!. (Hefure Mr. V. CrOok-, S.A 1.) JIiDtiMICNT IJY DEFAULT. .Judgment was given by default in the following cases:—Cook and Libter (Mr A. 11. Johnstone) v. 'icorge Hennett, £7 (costs £1 lis (id); Edwin Whittle (Mrj J. 'lf. Quiliiam) v. Clias. McLean. £5 (costs £1 Os Gd). A DISPUTED CLAIM A claim was made by David F. Greenway (Mr. .1. K. Wilson) against Walio Komene (Mr. P. 1). Fit/.hcrbcrt) for the sunt of .£B4 4s on account of money lent, cattle sold, and seed and manure •supplied, and interest on the balances from time to time owing to October 31, 1917, amounting to £4 lGs, a total claim of £SO. Mr. Wilson outlined the case, and called David F. Greenway, farmer and stock dealer, Dkato, who said be bad had transactions with the defendant prior to those on which the present elaim was based. Jn June, 1910, he lent defendant tilts sum of £2l 10s, which was paid to him by cheque. The money still owing to plaintiff. A further sum of £3 was lent in September and a sum of £» was advanced (the latter was admitted by five cows to defendant on the understanding that when they calved, if they proved unsatisfactory, they could be returned and the. original vaiuc of the cows would be allowed to defendant, tn September, two cows and calves were sold to defendant 011 the name conditions. A cow and a, calf, bought at £9, had been returned by defendant, and he had hen credited for them. lie also supplied defendant with 20 bushels of oat seed at 4s, and eight sacks of manure valued at £5 14s TK» crop had been harvested, but witness had received no benefit from it. To Mr. Fitzherbert: Defendant never asked witness to take back all the cows bought but one. He was not aware that two of the cows had been dry ever since he sold them to defendant. He was not aware that defendant had given him notice that the cows were the property of witness. He thought it would be foolish of a farmer to hold on to fat cattle any longer than was necessary. Some of the cows were probably eight years old. Cattle at 4 to (i years old made the best beef. Tie advanced die money to defendant on account of some land owned by his wife at Fihama. Witness paid defendant £l2 for some stockbought in July, 1010. although at that time defendant owed him some £2l. Defendant had offered to go half-shares in an oat crop in October, 1910, but witness had not made any such agreement. Defendant liad not used the crop because ho had plenty of grtfn feed. He had never told witness to take his half of the crop. He believed defendant had been trying to ue'l t"bit whole stack from the crop. To 'Mr. Wilson: Witness was very short of feed last year, and would hove been, glad to use the stack in question if a portion of it had been his. The defendant h&d i.evcr suggested that witness should take 'bis share of the crop. When the moneys were lent to defendant was agreed that repayment should be made through a sale of land which was pending. Mr. Fitzherbert said the defence was that four of the cows had been rejected, and that plaintiff had been told so, but that every time he was told he urged defendant to give them further trial. The coy,-:, were still at defendant's. He had not sold tliem because he considered them Grcenway's property. The oat crop bad been sowed and harvested on the distinct Understanding that plaintiff aud dcfe-\d-ai-.t took' half shaies, plaintiff supplying the need and manure and defendant doing the labor. Waho Komene stated that he got the cheque for £'2s from Mr. Fisher, which he took to plaintiff, who gave him a cheque for £2l 10s. He did not know anything about the cheque for £" Greenway grazed some stock on witness' turnips, but he had never been paid for the grazing. Me only knew of one cheque for £5 which Greenway gave him. He said Greenway sold him the cows with r. guarantee, and if they turned out 110 good they were to hj" returned He told Greenway that three of the cows were no good. Greenway never came to. take away tlu eowr. Two of the cows were dry, and one liad disease. He saw Greenwr-.y every sale day and ..old him to take the cows away, but he always said to leave them for a while. He could not sell the coiv:: bccr.ur.c they bo longed to Greenway. One cow had 110 calf this season, the other two had calved. Regarding the oats, Greenway agreed to halve the crop. Defendant was to do the labor and plaintiff to supplyseed and manure. When the crop was harvested he asked Greenwny to take his half. It had never been taken away He believed the crop was still j»ood. To Mr. Wilson: He had not seen the cheque from Fischer. It was given to Greenway. He did not endorse any cheques. He could not write. He admitted getting a cheque for £l2 from Greenway for some cuttle he sold. He did not sign the cheque nor an' order on the dairy factory. The part, of the crop remaining, belonging to plaintiff, was fenced. His cows wore not eating the crop. .At this stage the hearing was adjourned fill February 12.