RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 2438, 15 December 1892, Page 3

RESIDENT MAGISTRATE’S COURT.

Geraldine —Tuesday, Dedembeu 13m

[Before C. A. Wray, Esq., R.M., M. 0. Orbell, and H. W. Moore, Esqs.

J.P.’s. CIVIL CASES,

Annie Moll wraith v. John Mundell— Claim the return of the mare “Geraldine,” and £5 damages. Mr Postlethwaite appeared for plaintiff, and Mr F. Wilson Smith for defendant.

Mr Postlethwaite briefly stated the facts of the case and then called

Henry B. Webster, auctioneer, deposed; Daniel Mcllwraith came to him in 1891 and asked for a loan of £lO to release a mare held by Mr Mundell. Would give a receipt as one in Court if he took the horse for security. Annie Mcllwraith, plaintiff, deposed that in 1889 her husband, Daniel Mcllwraith, borrowed £4 from Mr John Mundell. Shortly after that Mr Mclwraith got £4 more from Mr Mundell. On this occasion he gave a mare for security for £8 and £2 commission and interest. In August, 1891, Mr Mcllwraith died. Saw defendant in September following, and asked him if ho would return the mare if she would give him the money as her husband had agreed. Defendant said “I will give you the mare if you bring the money.” Went to him with the money and defendant refused, saying that the mare was worth a lot more. Witness’ mother was present in the next room when defendant agreed to return the mare. When tho mare was given as pledge to defendant it was then valued at £SO. That amount had been offered for it by Mr Hepburn, To Mr Smith : Would swear that £2 commission had been charged. Elizabeth Holloway, mother of plaintiff’, remembered a conversation in her hotel between her daughter and Mr Mundell. Mr Mundell agreed to accept the money from Mrs Mollwraith as agreed with her husband.

Richard Wakefield, horse , trainer, considered that the value of the mare in 1889 was about £4O. Her valu,q BOW would be about £lB or £3O.

This closed the, ©videneo % Sle°a tiff ' for tbo deto- Mr for Smi “ h

p r °! defendant, auctioneer, 0 -mine who deposed: Daniel Mcllwraith borrowed £4,. and later on borrowed another £4. Told Mcllwraith he would buy the mare rather than see him stuck, for Gabey had threatened to sell the mare for money owed for grazing. The ultimate arrangement was that witness bought the mare out and out for £ll, and he gave Mcllwraith the privilege of buying the mare back within 12 months, with the addition of breaking fee. This was never done. Valued the mare at that time at the price he gave for it. She was of no value as a racer and was dangerous in harness. To Mr Postlethwaite : Hepburn never told witness that he had offered £SO for the mare. Was never offered £3O since for the mare. Offered to sell the mare back to Mrs Mcllwraith for £l6. Mcllwraith bought the horse without any condition. The offer to buy the mare back within twelve months was made voluntarily by witness after the sale was completed. Mr Smith had other witnesses to call, but the bench said it was unnecessary, the evidence of Mr Mundell being sufficient to show that there had been an out-and-out sale, Plaintiff was, therefore, not entitled to recover. Judgment was given for defendant with costs. The court then rose.