RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1466, 11 February 1886, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—Wednesday, Jan. 27, 1885, [Before J. Beswick, Esq., R.M.] CIVIL CASES.

Siegert and Fauvel v. W. Gill—Claim £3 4s lid. Judgment by default for amount claimed and costs.

J. Meyer v. J. Davie—Claim £2. Mr Anpirall nppeared for the plaintiff. J. Meyer stated that on the 19th of November, 1884, he agreed to exchange a cow with defendant. He gave a cow to defendant in consideration of getting another cow and £2. Defendant had never paid him the £2. He frequently said he would pay until November 1885, when he said ho considered he owed nothing. To the defendant : I spoke once to you about exchanging the cow. You did not tell me you would give the £2 if the cow turned out all right. You told me the cow gave plenty of milk but not rich cream. 1 never asked you for a shilling. J. Davis : On the 27th of November we agreed to “ chop ” cows, He asked me for £2, and wo agreed if the cow turned out all right. The milk wa* no use for butter or for the factory. The agreement wa« that I should give £2 if the cow turned out all right. To Mr Aspinall : The cow I gave to Mr Meyer was a barren cow, 1 never offered the cow back to Mr Meyer. Mrs Davis staled that the milk was no use. It had a nasty smell. She gave it to the calf and to the dogs. His Worship did not see how a man would give a cow about to calve for a barren cow without some consideration. He would give judgment for amount claimed and costs.

J. Marshall v. A. Leonard—Claim £2 13a sd. Judgment summons. Ordered to be paid within a month or go to gaol for a week, W. Dsrauth v. Solomon—Claim £6 ss. —Judgment for amount claimed and costs.

J. Lukey v. Tohira Waaka (Cope)— Claim £3,

Mr Tos#will appeared for the plaintiff and Mr Aspinall for the defendant, J. Lakey said the defendant signed the 1.0. (J. produced in his presence. Cope offered to sell him a cream-colored pony tor £7 and he said lie would allow the £2. This was on the 6th of January. In the presence of Mrs Lukey Cope said he would pay as soon as he got it. He repeatedly admitted the amount. To Mr Aspinall: He kas never disputed it. It has been before the Court before, but was nonsuited as I was ill. Solomon had a buggy, and Cope volunteered to guarantee payment; Cope is the man that signed the 1.0. U. D. McOallum : On the 6ih of January last saw plaintiff and defendant together. They went away together. Mrs Lukey said she heard the defendant saying that he had not received the money yet. Mr Lukey told him he would hold him responsible as ho had signed the 1.0. and Cope said he knew that. Tehira Waaka (Cope) sworn, said : I never wrote the signature to the 1.0. U. Peter Coira, Angland, and the policeman came in the buggy. Policeman came to me and Johnny, and wanted some money to bail out young Solomon. Johnny said “ I got no money,” and I said “I cannot pay for all the cheques.” I gave Angland £l, and 1 gave Peter Coira an order on Quinn. Next morning Lukey came and asked v\ here Solomon was, and I got Solomon for him. He asked him for money for the buggy, and Solomon said “No.” I said if Solomon’s people paid me I would pay Lukey. That was all. I never signed that. I told him I would sell him the horse. He looked at it and went to the hotel. In the presence of Mrs Lukey 1 told him I would pay if I got the money, but would not if they did not send it to me. Mr Tosswill asked witness to write his name, and he did, with the result that the signature on the 1.0. U. was exactly like the signature made in Court by defendant.

The Court gave judgment for the plaintiff for the amount claimed and costs.

—Doherty v. G. McMillan—Claim £2. Mr Tosswill appeared for the plaintiff, and Mr Aspinall for defendant. The plaintiff stated the amount was due for driving sheep from Albury to Richmond. Defendant said he would send the money to Albury, and witness was waiting there eight days. He claimed for those eight days. To Mr Aspinall: I was engaged at Albury after Mr Randall broke his arm. He represented Mr Grant when he gave me the sheep. He offered me £2 10s there, and said he would give me JLOs afterwards. I said I would rather get it all together. There was supposed to be 692 sheep there, and there were 9 or 11 short when I reached Richmond. I know where two of the sheep are. 1 only got them “ boxed ” once, but could not avoid it. George McMillan stated : I engaged plaintiff at Albury for £3. He agreed to my count of the sheep. There were 692. This was on the 6th of January. I saw the plaintiff, and he said he got “ boxed ” twice. I told him I could not give him £3 because he had lost 10 sheep, and 1 gave kirn £2.

To the Court: I told him I would send the money to Albury.

The plaintiff recalled ; I did not take his count, but he told me there were 692 there. No man would undertake to deliver them all, because it might bo impossible. After counsel had addressed the Court, His Worship said that no negligence had been shown, and therefore plaintiff was entitled to the £3. The money ought to have been sent to Albury as promised, and the mam ought to get something for the time he was waiting. Judgment for the amount claimed and costs.

Mr Aspinall asked for leave to appeal, but the Court refused the application.

The Court then rose.

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