MAGISTRATE'S COURT.

Taranaki Daily News, 19 February 1919, Page 7

MAGISTRATE'S COURT.

Mr. A. Crooke, S.M.); CIVIL BUSINESS. Judgment by default was entered for plaintiff in the following eases at the Magistrate's Court yesterday: —J. S. Fox (Mr. A. H. Johnstone) v. H. L. Brennan, £ls 63 lOd (costs £2 Oa Cd); same v. W. de Castro, £4 17s 9d (costs £1); Ridd Coy., Ltd. (Mr. R. H Quilliam) v. L. H. Grant, £5 19s (coats £1 12s Cd); Newton King (Mr. D. Hutchen) v. Clias. Tipu, £l4B 18s lid (costs £6 11)9); H. Collier (Mr. T. P. Anderson) v. George Farquhar, £5 7s 6d (costs £1 7s Cd); George Gibson (Mr. Grey) v. Percy Coffey, £l3 (costs £1 10s Cd); Taranaki Farmers' Meat Coy. (Mr. Quilliam) v. Jacob Mischewski, £24 (costs £3 2s)); Commissioner Crown Lands (Mr. Billing) v. Matthew McKinnon, £6l (costs £4 7s). Orders were made as below in the following judgment summons eases:— H. Eva, to pay 13. Whittle (Mr. R. H. Quilliam) £25 17s 6d on or before March 4, in default three weeks' imprisonment; Ruatapu to pay J. Bennett (Mr. A. A Bennett) the sum of £5 18s 3d by Feb-, ruary 21, in default six days' imprisonment. In the case of Mary Ann S. Petch v. Francis Bremmuhl (Mr. F. E. Wilson) a claim' for £GG 15s 4d, there was no appearance of plaintiff and the case was struck out, costs being allowed defendant to the amount of £1 13s. BREACH OF WARRANTY. An cation for breach of warranty in respect to the sale of a cow was brought by Charles A. P. Wood, farmer, Hurford Road (Mr. A. H. Johnstone) against Silas Jackson, farmer, Mangorei (Mr. H. R. Billing), the amount of claim being for £3. Mr. Johnstone said that 011 May 17 last two cows were sent to the Waiwakaiho saleyards by Mr. Jackson in charge of Mr. Mitchell, a neighboring farmer. The cows were passed in at the auction, but subsequently plaintiff bought them through Mr. Mitchell for £8 per head, both animals—a polled cow and a brindle —being guaranteed sound. On May 28 Wood sold the cows to a Mr. Morris for £9 per head, and nine days later the polled cow calved. Morris found the cow was unsound, one teat being blind and another having a leakage. In consequence of this" Morris returned the unsound cow. Subsequently Wood sold her a?} a store cow to Messrs Borthwick and Sons, Waitara, for £G, and the claim was for tiie difference between that price and her real market value — £9. Evidence was given by plaintiff on the lines of counsel's statement. A letter from defendant was put in stating that the cow was believed sound at the time of sale, and that had he known she came in unsound he would have been prepared to take iier back, as he was prepared to take back the brindle if she proved unsound. He stated the time of calving for the polled cow should have been September 12. In cross-examination plaintiff stated he sold the cows to Mr. Morris as sound, as he believed Mr. Mitchell's word could be relied upon. Unsoundness in cows was caused in various ways. George Mitchell, farmer, Mangorei, deposed to effecting the sale of the cows to plaintiff, guaranteeing them sound dairy cows. Cross-examined by Mr. Billing witness admitted tiiat cows might go out sound and come in unsound or vice versa. He had offered to pay plaintiff the amount claimed, to have the matter settled, rather than lose the time required to come into court, as they were all very busy. Plaintiff refused the offer, and said he would go into court. A cow that slips a calf three months before"time would be very little good for milking during the season. Evidence in corroboration was also given by Thomas Morris, farmer, Tataraimaka, who stated that defendant had admitted to him that the cow had one bad teat, but contended it did not affect her milking. Witness said the milk es- | caped from the cow. The defendant in evidence said Mr. Mitchell had his authority to sell the cows as sound. He had milked the particular c-ow in question for about three years. He knew she had a small hole in one of the back teats, which did not affect here milking. She gave equally as much milk from that quarter as from the others. If she had been unable to re'ain her milk it would have dripped away while in the shed. They saw no signs of anything of that nature. She was dried off about three weeks prior to being sold. He admitted having seen a letter received by Mr. Mitchell from plaintiff making some complaints about the cow. The letter was destroyed a short time ago, witness thinking it would not be of any value to keep it longer. In consequence of the letter witness went to Mr. Morris' place to see the cow, but she had been removed by plaintiff, who had said in his letter something about taking the cow to the Waiwakaiho yards. In reply to cross-examination by counsel,, witness said the cow never leaked milk from her teat while she was in his possession. The cow did wander away into the bush on witness' farm, and because of her wandering habits he was glad to dispose of her. He first noticed the whole in her teat about the flush of of the season of 1917-IS. Ernest Ray Jackson, son of defendant, corroborated the evidence given. Judgment was given for plaintiff for the sum of £2.