RESIDENT MAGISTRATES' COURT, LAWRENCE.

Tuapeka Times, Volume VI, Issue 282, 26 June 1873, Page 5

RESIDENT MAGISTRATES' COURT, LAWRENCE.

(Before E. H. Carew, Esq., R.M.) Friday, June 20. Samuel Wootton v. Alexander Fraser. — Mr. Copland for plaintiff; Mr. Gooday for the defendant. This was an action brought to recover from defendant £5, the value of hay short delivered upon a contract for the purchase of three tons and a half of hay bonght from defendant, and delivered to plaintiff in April last. It appeared from the evidence that a quantity of hay had been delivered aud stacked in plaintiff's paddock by defendant, who afterwards presented his account, calculated as 3£ tons at £3 153. per ton, amounting to £33, which plaintiff paid. Afterwards, on examining the stack, plaintiff thought the quantity — viz., 3| tons — was not in the stack, and he thereupon sold the lot to Mr. Walker, who on taking delivery weighed it, the weight being 35owt. lqr. IBlb. ; this, with 3cwt. of hay which had been partially damaged by plaintiff's horses, was all the hay he received on account of 3£ tons, and this action was brought to recover the value of tho difference. Mr. Walker, hay and corn dealer, deposed to buying the hay from plaintiff, tha weight of which waa 35cwt. lqr. 181 b, The defendant deposed that he had weighed three Btooka of oaten hay containing eight sheaves each, and the average weight of them was 751b5., upon which calculation he sent the number of sheaves to make the 3| tons— viz., 100 to 110 stocks. He asked plaintiff to weigh the sheaves before delivery, but he appeared satisfied at the time with the quantityThe learned gentlemen on each aide quoted from authorities, and hia Worship reserved his decision till Tuesday, 24th inst., on which day judgment was given for plaintiff in £2, each party to pay hia own costs. H. Witnall v. M'Taggart.— This was action brought to recover £7 2s. 6d. balance of wages due to plaintiff. £2 Bs. 6d. had been paid into Court by defendant. Witnesses were examined on either Bide, and judgment was reserved for a week. Mr. Mouafc appeared for plaintiff; Mr. Copland for defendant. Ryan v. (Jorrey — This was an action to recover £15 damage sustained by defendant's cattle trespassing on plaintiff's crops and £3 10 for service of 7 cows. These parties have during the last three months been in legal warfare, and the present action ia a portion of the series. Several witnesses were examined by the legal gentlemen for either aide, and evidence of a very conflicting character adduced. His Worship reserved his decision till Tuesday next, the 24th inst. (Befora E. H. Carew, Esq., R.M.) Tuesday, Junb 24. Wootton v. Fraser. — His Worship gave judgment in this case. It was an action for money npon an alleged mistake of facts, and there could be no doubt that the money was paid upon defendant's statement as to weight, and the money so paid in error can be recovered. Defendant's evidence went to show that he delivered 100 stooks, which, according to his own calculation, would weight but 55 cwt., which at £5 per ton would amount to £11 : therefore deducting that sum from the £13 paid by plaintiff leaves a balance of £2, for which sum a verdict was given. With regard to costs, as the action waa caused by plaintiffs own want of caution, each party was ordered to pay their own costs. Ryan v. Carry. — His Worship gave an elaborate judgment in thi3 case, which, in brief, waa to the effect that the weight of evidence and probabilities of the case were decidely in favor of thfe. defendant, for whom a verdict was given with 18s. costs, and one guinea professional coats. Harris v. Sproule. — No appearance of defendant. Judgment for £28 ss. 4d., and costs, £1 3s. Regina v. G. Mackay. — This was an action to recover £25, rent of agricultural leasehold. Case withdrawn, no costs to be paid.