RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3795, 25 February 1881, Page 2

RESIDENT MAGISTRATE'S COURT

(Before Harry Kenrick, Esq., R.M.) CIVIL SIDE. Judgments toe Plaintiffs. Phillips and Son v. Ahi Pepene.— Claim, £5 good.—John Phillips deposed that defendant was indebted to the .firm to the amount claimed for goods supplied. —Judgment for amount and costs. Casey r. O'Brien and others.—Claim, £37 16s,promissory note. —Maurice Casey said he had received the sum of £25 from two of the defendants, Thompson and Sinclair, but the balance £12 16s was still due to him by O'Brien.—Judgment for £12 16s and costs £2 15s.

Litchfield v. Anderson.—Claim, £5 11s 6d, goods. Wm. Litchfield proved the debt. Judgment for amount, costs 17s. Litchfield v. Edward Minns.—tHaitn, £17 16s goods.—Judgment fop amount, £17 16s, costs £2.

Gash v. Donelly and others.—Claim, £9 7s 6d, wages. £4, 16s had been received from one of defendants.—Judg. ment for balance, £4 lls 6d, and costs, £110s 6d.

Lee v. Maginu. — Claim, £4 9s 6d, goods.—B. Greenwood said he knew the defendant, who had received goods to the amount claimed.—Judgment for amount and costs, £1 9s 6d.

Wilson v. Thomas.—Claim, £4 lls sd, goods.—Judgment for amount, and costs, 7s.

Dickey v. Thomas.—Claim, £26 Is Bd. — Judgment amount claimed, and costs, £3 Is 6d.

Joynt v. Johnson. —Claim, £19 17s, judgment summons for provisions wheu be was prospecting. He had barely been able too keep his family with the wages he had been earning. Defer-dant admitted debt, and was willing pay, but had no means.—His Worship said he could not give an order in tins case, as defendant was evidently unable to pay the debt. Defended Cases, lee v. quadsi. Claim, £2 6s 4d. Mr Miller for plaintiff, and Mr Cuff" for defendant. B. Greenwood deposed that QuaJri's debt was one of the book debts in his estate It was owing to him when he b' cam" bankrupt, au'd has not been paid to him siuc \

By Mr Cuff—l recollect calling upon Mr Quadri, and he showing roe a dirty receipt, which I could not read. He said the money had been paid, and said that was the receipt.

H. J. Lee deposed that the claim was a book debt in the estate of B. Green» wood.

The defence was that the debt had been paid, and called Mr Quadri, who said he did not know whether he had received the goods or not, but whatever he bad received had been paid. He remembered paying the money claimed to Bloxome, one of Mr Greenwood's clerks. He was ready to swear that the money had been paid. He had never been asked since for the money. The case was nou-suited, plaintiff" to pay the costs, £1 6s. EABI.V. XHOBP. Claim £20, for seizing and damaging plaintiff's cattle, and also illegally im-

pounding the same. Mr Miller for plaintiff and Mr Dodd for defendant;

John Earl deposed that he resided on an agricultural, section at Owharoa, and Mr Thorp claimed some land that adjoined his. The distance from there to the Thames would be fully 30 miles. He had cattle running on his own land. He last saw them late on Monday, the 31st of January. They were lying down round about the house. He next heard of them on the 2nd Feb., when he was told that Mr Thorpe had. impounded them at Shortland. He at once proceeded to the pound, and found his cattle (ten in number) there. He paid £■5 5s fees and damages and released them. They appeared to be very stiff, and were unfit to travel any distance. The cattle were all branded. The state of the cattle was caused by heavy driving. They were so worked out that he could not drive them back, and so had to sell them. In that state he only got a little over half what he could have got had they been in good condition. He con sidered he had lost £10 by their being impounded, besides the inconvenience and expense he was put to. The total damage claimed is £20. Mr Thorp's land is fenced along the roadside by a slight fence, but on the other sides there are no fences. Cattle could easily jump over the fence that is made. The land on which the cattle weVe pasturing is not cultivated, though it had been burnt some years ago and sown in grass', but the cattle could not do it any harm. He considered three days was a fair time for driving cattle from the place mentioned. By Mr Dodd—l sold the cattle to Mr Darrow. lam certain it would nob have paid me to stay till the cattle were fit to go back. Luther Gubb produced the pound book, which showed that Mr Thorp had pounded 10 cattle at 9 am. on the 2nd February. James Darrow corroborated Mr Earl's evidence as to the buying and condition of the cattle.

John Quinlivan said he saw Mr Thorp on the Tuesday driving some cattle, about half a mile this side ot Mackaytown. At that time the cattle seemed to be fresh, and there seemed to be nothing wrong with them. He afterwards saw them when they had been takenoutof the pound, and they seemed very tired.

For the defence, E. J. Thorp said that he started with the cattle at 7 a.m. on the Ist, arriving at Shortland at 9 a.m. next morning. He drove very slowly, and they were all right when he reached the pound. By Mr Miller—l stopped at the Puke, Komata, and at Puriri, where I stayed all night.

Henry Alley deposed that he met Thorp when he was driving the cattle down, and all the time he saw him he was driving very easily.

Esau Walters gave similar evidence, but said that any reasonable man would take two days to drive the cattle the distance in question. After Messrs Dodd and Miller had addressed the Court, His Worship held over his decision till tomorrow morning. „,,,ADJouKNEi) Cases. Bird r. Meagher, Townsend v. Howard, Thomas v. Campbell, Parker v. Taipari. Cases Stettck Out. Onyon v. Piba Aperahama, Hansen r. Clotworthy, Heid v. Clotworthy. Court adjourned.