RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1538, 11 January 1887, Page 3

RESIDENT MAGISTRATE'S COURT.

GtuiDtfi—Monday, Jan. 10, 1887. [Before H. 0. S. Btddeley, Esq., 8.M., and - '' H. W. Moore, fliq., J.P. ' ""' ' CIVIL GASEB. , Hiß, W«IMUr t. 7. Ootton—Olkim £22 , Is IKLfor the value of ajiorse. , ~Mb White, appeared for plaintiff, and Mr Aheme, managing clerk for defendant, apptarad on hia behalf. Mr Aheme contended that the oaie was ©tttsidatheGreraldina Court's jurisdiction, at the agreement had been made at Christ* ohuroh." He said that Mr Cotton had re* ceivsd * ••**•' fr° m Mr Webster, aiking him . to reserve him. a loose-box for the »how week, This/ he laid, had been done, and "after" the hone had taken a priie tit Web* ater had initruoted defendant to sell him. He denied that then had been an/thing in plaintiff'■ flnt letter about telling the horie. i Mr Webster, on the contrary, aid posi* ] titely that be mentioned the telling of the i horse in hie letter, and quoted from the j letter whioh he had reoeived at a reply to - prove that he had plaoeell the hone m the ] jiandii of Mr Cotton for tale, Unfortunately ] fro had destroyed the reply, and bo oonld not ( pfodnoe it. i . • iMr Aheme laid ho did all the correspon* dene* on the matter, and denied ever having ] writtrto inch a reply. ] Thtr Bench considered the matter wai j Suite within the jurisdiction of tho Oonrt. j 'hey were convinced both parties laid what they believed to be absolutely true, but that j Epbably Mr Aheme had forgotten what he , 4 written while Mr Webiter oonld swear to the wordi he had received, and whioh j pointed-conclusively to the fact of then- , zangement having* bMii commenced in * Geraldine.,.• ""■ • Mr that the case might be ■ adjourned to allow of a Istfcor being produoed ■ r '~ fbowicg that plaintiff bad written to de* j fei?denti-to keep! him a loose box for the ( whpfcbf theahow>eek, and after the hone < heoVaken apriia be wai entered for tale, Tne Bench' deeidedl to hear the eridence. ' H. B. Webster, ewora, eaid: I placed the ( hone in the handi of Captain Cotton, who ii an auctioner, for tale. 1 gare no warrant, \ :••>■ Auite otherwiae. Captain Cotton asked me • ' fit I would allow him to ride the horse at . 4be races, jl said I would, but teat he , %ad better not «de him ronnd the hard road % i if: b* wonld.oome to the box I would j ohtriftbim : .(hf ' horse. He said " Now tell me t »ll,\e*.fl lawyer or doctor." I ] teio:" Iha honio has been a little oloiely ( ,parad npon the. near front foot. Have 'lim l«d' through tho town, and then ] xidei him upon the eourse if you with. Ido « not give a gurantee with the horse—he sells < upon ftirmerite.'' Captain Cotton rode the j norte oq the course 1 all the Thursday after* soon. I believed the horse to be all right, '* with the exception of being a bit tender. I <oever saw the Captain again. I left the j ■ horse with him.- I wroto about a fortnight ( -After. I received this letter (produoed) on j the 2nd, December, stating that the Cap* '• -tain oonld not sitnd the oheque, as the person ; xwhobad bought the home wasinbt satisfied j >with him. In reply I wrote on December < 9th, and received a letter stating that the j purchaser would not keep the horse. Ih»re ] not received a oheque lor the amount. I ] have wxitten onoe tinea Deoember Bth, and j letttoiglno reply I iitued the tummont, Tilfc Aherne s When I told Captain Cotton , was all right I thdngt the horse , wai sound with, the exception of the tender* asp,. When I entered the horse with you I ] - thought be" wet sound with the exception of . this tenderness. 1 thought he would get ", right wth a little rest. I sever mentioned •bout shoeing or Mo&eniiie's before the sale. , ;i*JS» *%*■ ■" hites Aftw ; sale I met i 'Mr Aherna and told him to try tho horse : Irithbatihota, ■' { < -18. Beyley, swom, said* I am a land- , owner in the Geraldine district. I know the fEbrse-referred to. I vu the sale. I , »joirdtbeeonditions Mid; they were that the j lonii.were;to>b»vsold and; taken witb all ■ ianltaimd defects, and from the fall of the j Tfeltalmor to be at the risk of the buyers. To Mr Aberne: When Mr- Webster's j ?borea was pat up I had a horse in the sale of j .about the same size, height, and color. Mr , Acton-Adams wanted to buy my hone. My liorae was lot 1, and Mr Webster's lot 2. Mr ; Aotor-Adama eama up to the cbttrum just i aa my horse was knooksd. down tp Mr .Buasell, and said, "Slave you sold that /honor I intended to bid for him." Otp* \ tain Cotton then t»id, " Jou had better buy r' / -the next lot." Mr Acton-Adamt turned to ano and said; /" Do you know aw thing about «ho Aorse ?" ,1 said r ;" I ofaly Wft belonjsto ,a neighbor of wine, end has taiwd i .'. taoond prise at mjnejinl ■'• the same olaji." Captain Ootim «ud ; "I j

I rode the hone on Thursday, and never wan a bettor hook." T) an the sale prooeeded ord Mr Adams bought the hone at 2< guineas I heard the whole of the con versa tior. Captain Cotton.never'said at that timi 'that Mr Webster bed guaranteed him, bul ,snid he was perfectly right. The hone win started at 20 guinea*, and the bids wen guinea ionei. Aheme, iworn, isid: I am clerk to ■Mr F. Cotton, and received the entry foi this hone j at Ohriitbhnroh, with particulars as to his pedigree, age, ete. He was repre. ianted to me as a Talisman hone, six yean old, and Mr Webster said the home was perfectly tight with the exoeption of this faulty shoeing, andon Monday would be perfectly right, : On the Monday at the tale after No. 1 lot had been put up this one wai offered, end Captain Ootlon represented the horse at a good, honest, and, as he believed, sound gentleman's hack. He was led to believe so by the owner. I wai betide Captain Cotton, .nd heard him say the owner, a gentleman in Geraldifae, had assured him the hone wai perfectly right. Tl' induced free bidding. Prior to the" Bale he w as re-ihod. The hone has been returned, and ii now on Captain Ootton's hands. Mr Adaniß says he will not keep suoh a wretchod screw, and that he don* not answer to the deioription given of him by Captain Cotton, , To Mr White: Mr Adams certainly considers he bought the horse with a warranty. He had his letter in his pocket whioh would prove the same, but it oould not be admitted at evidence. ' ■ Mr Aherno again applied for an adjournment. , Mr White sub pitted that there could be no adjournment now that the caie had been gone into, and tbe plaintiff's case heard. His Wonhip itated that he withed it to be distinctly understood that the Oeurt had jurisdiction in this cats, at there had been a letter written in whioh Mr Webiter dieiinctly wanted the horse to be put up for i&le, besides engaging the loose box. The case oould be brought to Geraldine because in a material way the abtion arose there. When correspondence is begun it is very easy to forgot some little things that have been written. It was a pity that the letter received by Mr Webster was not forthcoming. He was quite sure that both parties were stating what, they fully believed to be true. . There i was no reason why on adjournment should take place. It should have been applied for before. There had been any amount of time, and there was no real reason given for an adjournment. He considered, there was nothing proved in the defendant's case, although the words of the, ptaihtiff " that the horse was all right" were pretty strong, and without tbe evidenoe of Mr Bayley might have been cause for an adjournment. Mr Bayley was quite a disinterested witness andgsve his evidence in a clear and conelusive manner. The judgment would be for plaintiff for the amount olsimed, with solicitor's feet, and costs of Court £1 Hi. >MALIOIOUS IWTJRT TO PBOPBBTT. E..J. M. Foi' wui'< oharged' with having wilfully and maliciously damaged the stables of Thomas Farrell to the value of 3s. Mr White appeared for the plaintiff and Mr. Wood (Hamenley and Wood) for the defendant. T. Farrell, sworn, s«d : I am the Jioonsee of the Crown Hotel, Geraldine, and own the stables adjoining. Some time ago defendant brought a hone and left him at the stable on livery. In consequence of what the groom told me I told defendant to take the horse away and pay for his keep. I looked the horse in the loose box, and want in to the hotel. Defendant oame in and asked me if I had locked his hone up. I said " Yes," inJ he abused and struck me. I gave my brother instructions to keep an eye on the itable. When I went into the stable defendant was in the loose box. This could not be more than a quarter of an hour after be itrnokme, When we found him in the loose box we closed the outer door and gave defendant in charge. I have not seen the padlock lines. , . To Mr Wood: The stables are part of the licensed premises. I took in the horse as a livery-stable keeper. The advertisement in the Gmaxdihb Gtjamiax produced is mine. ■ Mr Wood contended that plaintiff had no right to detain the horse, as it was taken in ts into| a livery stable. Plaintiff continued to Mr Wood 11 have not seen the padlook. I did not see the Jefendant break the door. I had Mr Fox in my employ at one time. Defendant paid me nothing for the livery of the horse. There tvai a'sum due of over £9, I had often ipplied for the amount' He Owed me All lor board, ete. I will swear the oheque proceed has not been paid. It was a valueless me. ! .< : : ,; -:: : - .. . To Mr White :;I did not break the door. Fhe only; persons who had any right in the stable were JT. Demuth and my brother. John .Farrell, said: I remember the 24th of December. In consequence of what the.groom said, I went to the stable, , ind saw defendant at the loose-box. He was opening the door. I saw the door about ive minutes before. It was then closed and Irmly' looked. I went to Dr Foster, and took advice from him on this question. Defendant slept one night at the hotel. I lo not know if he boarded there very often. To Mr Woods After seeing tho door looked I went into the bar again. I went jut on aocourJt of what the groom said. I lid not hear sny sound of breaking. I have sever ieen the look sinoe. To the Bench i lam quite sure the look wssieourewhenlSaw.it,, ■.■ Frederick Demuth, sworn, said: I am ;room to Mr Farrell. During the afternoon )f Dec. 24th I did tbe horses up, and about loot o'clock I saw the the loose box looked with a padlook. As I was going to see Mr Farrell about it defendant called me over ind abused me for not telling him what was loing to be done., After this Fox and Mr Farrell had a bit of a quarrel. After this I beard the leek of the door squeak, I told Mr Farrell, and we went out. and I stw Fox itanding by the loose box door openinn it. To Mr Wood: I did not see Fox break the dooz. | It was a squeaking noise the look made,] not a noise as of blows. To the Benoh; The staple was not drawn, but the look was broken. Mr Farrell, recalled, said the lock was worth; about 3s. Mr | Wood contended that there was not infficient evidence to prove the oharge of breaking jnto, and that defendant had a good reason to suppose that he had a right to enter the stables for the purpose of attending to the 1 horse. . Mr White argued that defendant had not given; a particle of evidence to show that he bad a good reason' to suppose he was justified in entering the stable and taking the horie. ' ',-,'• ■:••■ \ The Benoh said they thought it rather a pity defendant bad not given any evidence that he thought he was justiisd in entering the stable. A fine of 10s would be inflicted, defendant to pay the cost of the look 3s, solicitor's fee £1 Is, and costs of Court 7s, ADJOTTRNED CASE. The eivil oase. Palmer v, Palmer, claim £6l $s j6d, jntprept on £460, was adjourned till next Court day. ' ' - ABBOTUTIOSMg». ' His Worship also delivered judgment in the arbitration case D, Coffey v. 8. Bayley. The Arbitrator, Mr W. Postlethwaite, found that was entitled to reosive £2 19s

>t 6d in full payment of the work done, each I, party to pay their own ooiti. *■ , , DAM 07 SITTIKG, ' Bis Wonhip intimated that it had been . found necessary ;to altar the day for the g fitting of the Qeraldine Court from Monday to Tuesday, and that after the next sitting on Monday, 17th init,, the Court would be held on Tuesday.