DISTRICT COURT.

Thames Star, Volume XIII, Issue 4214, 4 July 1882, Page 2

DISTRICT COURT.

(Before J. E. Macdonald, Esq., District

Judge.)

BOBOTTGH OF THAMES V. SOtTTEB.

Claim, £60, rent of tramway.

Mr Miller, on behalf of the plaintiffs, said that, pending the transfer of the tramway, which yet required a signature, he would ask for an adjournment to next Court day.—Adjournment granted.

F. LIPSBY AND WM. FBABEE T. WM. CUMMING.

Claim, £99, for horaehire.

Mr Brassey for the plaintiff. Mr Lipsey deposed that on .November 30 the defendant hired a horse for two days to ride to Morrinsville, as he was anxious to get to Hamilton. The animal was to be returned to Geo. Lipsey at Te Aroba, but it was not sent back. On March last, a man came to him on the Te Aroba racecourse, and said he had a horse of his at Morrinsville, and there was a lot of feed to pay for. Had to buy a horse to supply its place. At first Cummings offered 7s 6d, but witness would not take less than 10s per day. The mare has not yet been returned. She is valued at £16, and the saddle and bridle £7.

His Worship said that he did not think it would be right to give a judgment for £99, or the hire for 200 days, for a £16 horse, yet he was not in a position to say clearly why be should not. He thought he should give judgment for the value of the horse and bridle, £23, £1 two days' hire, and something for the man for looking for the horse.—Adjourned till to-morrow. H. ALLEY V. I'UPEKA TE WHAKANAU. Claim, £70, on account stated, Mr Brassey for plaintiff. H. Alley deposed that in September, 1878, he agreed with defendant as to a sum of £70 for cash lent.—Judgment for amount; costs, £5 17s. M. a. PO WEE V. HAEIHUAKA. Claim, £4316s 6J, judgment summons. Mr Brasoey, for plaintiff, requested that the judgment summons might be withdrawn, as the defendant had filed a declaration of insolvency. J. LATJOHLIN V. J. CUFF. Claim, £50 17s lOd, damages, for nonfulfilment of engagement. . j Mr Brassey for plaintiff, and Mr Miller for defendant.

John Laughlin deposed—lnstructed Mr Cuff in Gisborne, in 1875, to prepare a transfer of lot 141 from Chas. Wilkie to himself, there being an agreement that he would prepare, stamp, register, and return the certificate to witness for £3 ss, which he paid him. Mr Caff did not do so. At Gisborne went to Mr Cuff for it, and was told it was at the Registry Office in Napier. He neTer gave it. Witness went to Christohurch. The next time he saw him was here, and he asked for it. He then said it was in the hands of his agent, Mr Mangolioth, in Napier. Saw him again, and he said he was going to Napier on private business ; he would see to it. On the third Tisit, Mr Cuff said it was in the hands of Bead's trustees, and if witness paid a certain amount of mosey he would get it. Wrote to him sayiog that he would take proceedings if it were not handed over. Went with Mrßrassey to Mr Cuff for the deed. Mr Cuff was very angry, and said he would do no more in the matter, and for witness to do as he liked. Never owed Bead's trustees anything. He reckoned the damages

£50; bad paid Mr Brassey £10 7s for costs. Came from Christchurch expressly for that deed, which cost £10, and the place was let go to wreck, which was worth £30. Could have sold at a good price, but no one would buy without the certificate. Bought an acre and a half from Wilkie, and of that a rood was sold to Fagan; Stuckey, 1 rood; Hyne, | rood.

At this stage the plaintiff was nonsuited, his evidence showing that he had instructed Mr Cuff relative to a deed of 1| acres, whereas the information stated 3 roods 17 perches. The certificate produced in Court was for the latter quantity. Costs, £8 14s.