RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1824, 4 December 1888, Page 3

RESIDENT MAGISTRATE’S COURT.

TEinriA—Moedat, Deo. 3,1888. FBefore J. Tii M. Hayhurat and J. Guild, 1 Esqs., J.P.’s]. CIVII CASES. G. Tomlinson v. J. Hamilton- Claim 6s Mr Aspinall appeared for the plaintiff. Judgment by default for the amount claimed, and costs. . G. Goldsmith v. P. O’Meara—Claim £!• The plaintiff stated the amount was due for work done. Defendant deducted 10s for the hire of a horse, and plaintiff would allow ss. , To the defendant: I did not ask for the money. . P. O’xMaara stated that he promised to pay him when he got paid by the Board. Ho never met the man after. He paid all the others, and the man never asked him until be got the summons. The Court allowed 7s for the horse, and save judgment for 13s. j. Harrison v. C. Bateman Claim J 52 16a f° r damages done by the defendant's horses to plaintiff’s garden. Mr Aspinall appeared for plaintiff and Mr Hay for defendant, James Harrison stated that on the 11th June the defendant's horse came into V bis place. Mr Chapman was employed to J repair the damage, but Mr Bateman r weald not pay him to put the garden in «tJer, On October Slot t wo horses were in and on November 10th another horse was in. The damages were assessed at ¥2 10s bv » practical gardener, and fia, witness had to pj Mr Chapman. The defendant refused to psy anything. To Mr flay ; Mr Biteflaap did come und see the damage done on the first Occasion. The gate oould not have been open, as it is seJNlosing. The lawn * was about at 1 .fge as the Courtroom. ¥r Bateman did not soy it was absurd to ask £s for what damage bad been done. The iawo bw not be,n pub u order since

October 11. On November 10 the lawn was all damaged. William Chapman, gardener : Was employed ou June 11 to repair Mr Bairison's lawn. The lawn was very much damaged, and witness rolled it 00-r and filled in the holes.

To Mr Hay: The lawn was twice as large ns the room. Was a whole day filling in the boles and rolling it. To Mr Aspinall: Mr Bateman refused to pay me.

F. Saunders, practical gardener: The plaintiffs lawn was very much damaged, and it required to be all dug over again. Ir, would take £2 10s to put it in order. In reply to Mr H«y, the witness said that nothing less than the amount claimed wonld raptor it.

Caleb Bateman, the defendant, mated that when Mr Harrison spoke to him he went to see the lawn, uu Juno 11. The plaintiff asked £2, and witness said he would pay the £2 if anyone assessed it at that. Chapman afterwards came and asked for 64, and witness said that was less than £2 and would not pay it. The gate was frequently loft open. On the second time no damage was done, and on the last occasion there were only a few footprints, that could be repaired with 3s or 4s.

To Mr Aspinall: I have a paddock for thu horses, the gate of which is often opened. Do not know who opens it. Cannot say how long I have had the piddock. Do not know whether it was my horses or not that were in Mr Barrisen’s gardes. Went to see the place on every occasion, but saw no damage worth speaking of. 1 have not shot the horse*. lam not such a fool as to do it.

Mr Hay asked their worships to see (he lawn.

The Court decided to rely on the evidence.

Mr Hay said the whole question was whether the gate was left open or was it opened by the horses, [f left open it was in the position of uofenced land, and no damages could be recovered. Mr Aspinall said that it was ridiculous to suppose that because a gate was left open no damage could be recovered. It was the duty of the owners of horses and cattle to keep then within proper bounds. The Bench decided to view the lawn, and give their decision next Monday, When the Court rose Messrs Guild and Hsyhurst went to see Mr Harrison’s garden, and although they said they would not give judgment until that day week they returned at once and gave judgment for the plaintiff for £2 damages and 16s coats.

J. F, Douglas v. T. Cleary—Claim £1 10 s. The plaintiff stated that both defends t and himself tendered for lawn tennis courts, and defendant got it. Cleary let the work to the plaintiff afterwards for £2 10s, and a load of wood, and now he would have to dig out the wood. To Mr Aspinall; The load of firewood was in the contract. He offered to let me raise firewood before that. Nevei got a pound from Cleary. Witness neyer borrowed 10s from the defendant. Thomas Cleary stated the agreement was£2los,but witness gave plaintiff a load ot wood. The wood bad nothing to do with the contract. About four or five years ago the defendant borrowed £1 from witness and be deducted this £l.

To the plaintiff: Asked for the £1 frequency, but said nothing about it when the contract was made.

Jeremiah Moynihan gave evidence to the effect that be beard the offer of £2 10s made. Douglas afterwards told witness that Oleary was not half a bad fellow, as he gave him a load of firewood. The Court considered that the amount of the contract was £2 10s, and that the firewood had nothing to do with it. J udcment was given for the £1 deducted un account of the cash lest transaction.

J. B. Wareingv. A. Macdonald—Claim £ls.

Mr Aspinall appeared for the plaintiff, and Mr Wilson Smith for the defendant. The short facts of the case were that the plaintiff bought Danish seed oats from i he defendant. The oats were at Rangitata, and it was at Rangitaia the plaintiff wanted to sow them. On the 15th of August list the plaintiff received a letter from the defendant, stating that be could not give him the oats as the weather had been too wet for sowing wheat and he would have to sow oats instead. The plaintiff had to buy oats in Temuka at 2s 3d and cart them to Kangitata, and he now claimed £ls damages. J. B. Wareiug: On the 13tb of June last met Mr A. Macdonald at Winchester, and asked him about oats. He said he would let me know. Subsequently Mr Macdonald offered me 300 bushels at Is fid per bushel. Wrote accepting the offer. I then sent a cheque, and it was returned to me with a letter stating that it would be soon enough to pay when I got tbe account. Mr Macdonald was to store the oate until the time for sowing it. Went up to Geraldine and saw Mr Macdonald’s son, and he agreed to let the oats remain for a few weeks. A short time afterwards I received a letter from Mr Macdonald, junr., stating that owing to the rain he would put in oats instead of wheat, and could not spare the oats. I then wrote to Mr Macdonald, and he replied that only for having abused his son to Mr McLeod he would have come to terms with me. Never abused Mr Macdonald’s son. Had to give 2s 3d a bushel to Mr Brown for cats, and it would cost 3d a bushel to cart it to Eangitata. To Mr Smith • When I met Mr Macdonald, junr., 1 said I thought very little of him 5 that if I found his sheep in my crops as on previous years I would impound them, and would have the gates on roads removed. Did not say I would buy oats dear in Timaru, and make him pay for them and carting them to Eangitata. Did'not know that the price was then from la fid to Is JOd in Tintarq, Made no effor? to get oats in Geraldine, J. Brown remembered selling oats to Mr ' Wareing at 2s 3d. Bold several parcels at that price. That was his selling price at that time, but bought them at 1s 9d to Is lOd. Bought all that wore offered, but did not know there was more to be got then, K. F. Gray stated plaintiff came to him, and witness offered him oata at 3s 3d, but they required cleauiog. Mr Smith asked for a nonsuit, on tbe ground that there was no written agreement between tbe parties. Mr Aspinall said tbe oats were in the possession of Mr Macdonald, who was acting as ba'l’to for Mr Wareing. He quoted oases iu support of this, The Court decided to hear the defence. B. Macdonald, son of defendant: I met 1 the plaintiff in Timaru, and he said • “I

want to know whether it will be peso* or w ar. I shall buy oats and make you pay fi r them. I will impound every sheep of yours 1 find on my land, and have the gates down on the Rangitata roads.” The price of oats then was Is 8d to Is 9d, The distance between the wool store, where the oats were, and Mr Wareiug*s was five miles, and it is thirteen mllss to Geraldine. To Mr Aspinall; The reason for cancelling the contract was that be would not take away the oats. It was not because we were shor of oats ourselves. J. Mundeil, auctioneer, Geraldine, said the price of oats iu August was Is fid to ls7d. Bought then for Is 7d oats sufficiently good for seed. The price of cai ling oats 12 miles would be about IJd per bushel. To Mr Aspinall: Was selling oats at Is lOd in August. Danish oats wore not scarce so far as I know. H, B. Webster, anctioneer, Geraldine ; Was selling oats at from Is 9d to Is 10d» To Mr Aspinall: Did not buy any oats ia August. I only sold on behalf of farmers. Oats could be carried 14 miles for l|d a bushel. Thomas Hansen contractor, estimated the cost of carrying oats 11 miles at per bushel. fo Mr Aspinall: Could not cross if the river was not fordable. Mr Smith asked whether the Court had co nsidered bis nonsuit point. The Court decided that there had been a sale, notwithstanding the absence of a written memorandum to that effect. Counsel on both sides having addressed lhe Court, Judgment was given for the plaintiff for £4 7s fid, and costs 10s. i The Court then rose.