RESIDENT MAGISTRATE'S COURT TEMUKA.

Temuka Leader, Issue 551, 12 July 1881, Page 2

RESIDENT MAGISTRATE'S COURT TEMUKA.

Monday, July 11, 1881

(Before S, D. Barker and J. Mendelson, Esqrs., J.P.'s.) CIVIL OASES. C. Nicholas v. R. Little—Claim £3 12s on a judgment summons. This case was adjourned till next Court day, P. Coira v. R. Little—Cairn £2 5s Gd. Tliis case was adjourned till next Court day, W. Ackroyd v. J. Stewart—Claim £27 13s. Mr Johnson who appeared for defen dant, requested an adjournment till next Court day, which the bench granted. D. Davis v. \V. Sweet—Claim £3. Judgment by default. B. Thomson v. Duncan—Claim £2 10s 2d. Judgment by default. W. Essery v. L. Tombs—Clam £3 15s 7d. Judgment by default. If not paid within 48 hours immediate execution to follow H. Hodgson v. W. Bill-Claim £1 14s 3d. Judgment for plaintiff. W. Murray v. C. Sherrait—Claim £ll 3s. Mr HamersJey appeared for plaintiff and Mr Johnston efor defendant. William Murray deposed : I am plaintiff. On 18th May, 1880, Mr Maslin asked me for two bales sacks and he informed me that as soon as he had sold his crops he would pay. On 19th July, 1880 he returned 187 sacks and and told me he had sild his grain to Mr C. Sherratt who would pay me for the sacks. As I did not get paid I saw defendant who told me he was taking delivery of the grain and as soon as he turned round he would send me a cheque. Shortly before Mr Jesse Maslin filed he came to me and told me that I had better look out for the money from Maslin as he was getting behind hand with his accounts.

In cross-examination by Mr Johntsone the plaintiff said that he looked to Maslin for the money up to the time he had sold his grain. Prior to Maslin's filing he had sent a letter to him reminding him of the transaction.

By the Bench : I always looked to Slierratt after the 19th July, but before that to Maslin.

Jesse Maslin : In May, 1880, 1 was a farmer, and saw Mr Murray about some sack. .\t tlut time there was no lien over the crops. 1 believe I told Slierratt I was getting the sacks from Murray. When the grain was sold he said to me, "There are the sacks to pay foi," and he told me to return somo sacks, and to tell Murray to send the account to him and he would settle for it. Sherratt was to sell the grain as> he had a better opportunity of doing so than I had. By Mr Johnstone : At the time I filed I owed Sherratt about £270. I don't know what the dividend was payable in the estate ; I think about 9|d. I don't consider that Sherratt was a heavy loser. There was between 140 and 160 acres of

crop on the land when Mr Sherratt took i back. When I first got the sacks from Murray Bros. I was responsible for the amount until the grain was delivered to Sherratt.

The oase for the plaintiff being concluded,

Mr Johnstone, for the defence, contended that there was no case, as a third party cannot be made responsible for the debt of another without a guarantee in writing.

Mr Hamersley replied to the contention at some length.

The Bench decided to hear evidence for the defence.

Caleb Sherratt, deposed : I deny both statements just made. I never told Mr Murray, or authorised Mr Maslin to tell Mr Murray, that I would be responsible for the sacks. I first Heard about the sacks when Mr Murray called on me two months after, when he asked if Mas'in was all right if he allowed an acconnt to stand over. I told him I thought he was if he were allowed time. I never took over any liability of Maslin's, and never gave Mr Murray to understand, directly or indirectly, that I would be lesponsibl.e for the sacks.

By the Bench : I have sold about £3O worth of the grain. Maslin owed me about £IOO, and when 1 got the grain I knew nothing about |bo sacks. They were never mentioned.

By Mr Hamersley : To the beat of my knowledge I only received from 40 to 50 sacks of grain from Maslin. Mr Hamersley here asked the Bench to adjourn the case in order to produce rebutting evidence.

Mr Johnstone intimated that he had not closed his case yet. Amos Sherratt, deposed : I recollect being present in July, 1880, when an interview took place between my brother and Mr Murray respecting a claim made by Messrs Murray Bros, against Maslin I heard him ask my brother if Jesse Maslin was all right as he had had some sacks from them. My brother said he thought he was if he were given time. Murray said "Oh that will do, 1 am satisfied." He then went away. Nothing further was said. Mr Hamersley again requested an adjournment of the case in order for him to bring rebutting evidence.

The Bench decided to adjourn the case in order for the counsel for the plaintiff to produce authorities for allowing rebutting evidence.