RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XV, Issue 4814, 13 June 1884, Page 3

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Kenrick, Esq., R.M.) CIVIL SIDE.

H. Alley' v. Rawiri te Wikiti and Hakapene te Hura, £13.—1n this case judgment was confessed thisjnaorning, but plaintiff having come from Hikutaia to prosecute, 22s costs, and 105.6 d solicitor's fee, were allowed. Borough Council v. Baker. —This was a similar case, the claim being £7 6s; 15s 6d costs were allowed.

Wilson v. Robinsou.—Judgment'given for £13 14s 6d and Court costs.

Greenville and Denver v. J. Blame. — Claim, £10.6 a. W. Greenville deposed that he and Denver employed defendant to purchase the Moaratairi No. 1 block of land. He afterwards ffiet him in March, and he then said the transaction was completed, and nothing could step in between them and the natives-. On the strength of that he paid him £10 as part commission. It afterwards turned out that the natives would not sell.—John Blame said be took the £10, telling Greenvillle that he had arranged with one man to buy the block for £100, but that this man also wanted a -commission to enable him to arrange with other part owners. He had been unable to complete the purchase, and had con*, fessed judgment, though claiming a portion ot the £10 for expenses he had in- ' curred. — Joseph Denver corroborated Greenville's evidence."—Mr' Lush (who appeared for the plaintiffs) said the facts of the case were that some of the natives had all.along refused to sell, and Blame must hare known,this, and therefore had been guilty of fraud in taking the money. As, however, a witness whom be had summoned to prove this point had not arrived, he would ask for an adjourn* ment till next Court day.—Granted. Judgment Summons. G. McCaul v. P. Quinlan, £4 2s (3d.— Piaintiff.deposed that defendant was an hotelkeeper at Te Aroha, and was able to p a y,__Ordcred to be paid within one week, or iv default 14 days' imprisonment. Defended Case. eutchee v. tbouton. Claim, £6, for grazing two foals 40 weeks, at Is 6d per week. Mr Miller appeared for plaintiff, and Mr Lush for defendant. AH witnesses were ordered cut of Court. John Butcher deposed that he resided at Wai-Puriri, near the telegraph towers on the Thames River. Had lived there eight years, and had about 30 acres under grass. On August 11th, last year, defendant brought two foals and asked him to ran them for a fortnight, and he would pay for them. At the end of that time be came and asked him to let them still run, which they did till May 31st, when defendant came and took them away, refusing to pay him anything. Gdorge Mason, iormerly in defendant's employ, but now working for Butcher, deposed—Trouton told him he was going to put the foals on Butcher's run, and would pay for them. Witness was with defendant when he gave the foals into Butcher's charge, and he then promised to pay for them. They were running on Batcher's land for a loDg time.

Mr Lush cross-examined both witnesses at some length. William Trouton gave his rersion of the ■flair, which' was to the effect that he turned the foals oat on an unfenccd portion of Earle's property, remarking to that effect to Butcher. Said nothing whatever about paying for them. He was under the impression that he was turning them out on to a general grazing ground. Had never given them into Butcher's charge. As far as he knew Butcher had no land there. He had often turned out other cattle there and had never been charged for them. : His Worship said there was no doubt the foals had been running on Butcher's land, and he must assume from the evidence that an agreement to pay for them had been made. The charge of Is 6d per week, however, was, he considered, rather heavy, and he would therefore give judgment for the time at Is per week, equal to £4; and costs £2 15s. The flourt then adjourned.