RESIDENT MAGISTRATE'S, COURT. LAWRENCE,

Tuapeka Times, Volume VII, Issue 353, 6 May 1874, Page 2

RESIDENT MAGISTRATE'S, COURT. LAWRENCE,

(Before E. H, Carew Esq.,, R.M) Fbidat, Mat Ist'. M'Cartfy v. Kite King.* — Claim for goods sold and delivered and attendance on an entire* Credit was given for £3SQ, and the remainder* £70 Us., reduced to £50, ty> bring it.rwithu\ the jurisdiction of the Court. Mr. M'Coy for plaintiff ; Mr. Moukt for defendant. •A set-off of £11 10s. was put in 1 , oi which £5 was admitted, a»d not indebted pleaded as to the rest. Mr, M'Coy having opened the base, called Michael M'Carthy, settler, Moa .Flat, thet plaintiff, who deposed — In October, 1871, Mr* Xitching agreed with me that I should travel with an entire of his. He had before, offered, to sell it to me. When .he asked me to travel with it, I told him he could get a man to do that cheaper than I would. We finally agreed thai I should travel with i& I' was. to get the groom's fee, £3 a week, and all expenses paid. I took the horse, and Had him for 6 weeks under this agreement, .when hedied. Wad travelling with him h. days to^ Cljde and back; also, several trips,' to the Teviot aud back. The horse died in my stable. He was continually in my charjji for the whole six weeks. My object in/travelling; was to show the horse round, and make engagements for mares. I got 7-0-or. 80 mare* promised. Some time after the death of the horse I saw latching, who directed me to. deliver the harness and the shoes , to hia | groom, which I did. I. was to publish, thehorse in my own name, by Satching's authority^ He said he had had a horse before, bitt could get no mares for him, and thought the peopledid not care for him. I paid as much as" 225. 6d. a night at the Dunstan for a box an/I my own expenses. It cost me £16 or £TJ% the time I was away to Clyde. I had to, " shout " a good deal in getting customers.. I estimatethe expense of the horse wheo, in my stable as 10s. a day., When I first saw the horse, I told Kitching it was not in good health, Made no charge for the use ttf my awn stable. " Shouting " is generally done by persons in the trade. It might cost 4s. or ss, to- get & mare. When the horse died, I told Kitching he had cost me about £50. He said, " that is all right, Michael." Understood him ta mean that he would give me a cheque for it at any time. Some time after I asked bin,

) W^flWttemenV Ho told hie- hid Neville to — up hia boots, and he was no good. If I ; • wanted money he would give me some* About \ ,18 months ago he offered me 13 sheep instead I of the money due for the entire. ' I said I | Would take therm The reason I now charge him for the expenses of the horse is that I hear he is going to take the sheep away from me, and I have no*ttriting about the sheep. ■ ,>££•! haa" any writing about the sheep, I would i my claim jibaut the horse. I have \§pld .i<» i£6. They are horned 'X>Q*rtbv 1 value them at £100. The items in the account for goods sold were supplied by myself or my wife* My, wife entered the amounts by my direction in the book. I cannot writ© myself. The goods were delivert&leither to- servants of Kitching's or at the station. The 3 head of cattle sold were fgptehased by me from Mr. Lancaster. The , price at wMqh Etching bought from nic was Wreed ,upon between us* Last Monday, offered me £30 as balance due to 1 'toe. ' I did not tabs it. About 30tb January, ;1874 ; 1874, 1 got a cheque for £30 from him. I. i liave t br6dited'himwith that. Mr. Etching , has paid .on former occasions for goods delivered' to" his 'servants as these were. He never disputed the account. I admit .25 bushels of oaU in set-off; also, £5 for service for my mare, except sb. for groom's fee, whifeffj paid:> , 0 Cross-examined by Mr. Mouat — Both of us reside at.Moa Flat ; Etching 18 or, SO miles ' from the Teviofc. I reside about 4J miles from, the TflTiotj The cheque was given to mV^M 'a credit on his account. Mrs. McCarthy was present. A great deal was said about a sale of my property. Mr. Etohing did not self the horse to me. He spoke first to mi about the hors* in his own house about October, 1871. ' He said he had bought a horse that would suit the district well. I said that it must.be a very good horse then., The horse I Had the provioua season h*d di«d. Asked, me what I wanted to travel with him. Told him he could get cheaper man than me. He said it was not the horse but the man. He. was agreeable to pay me £3 a week for the season, and all expenses. Had not seen then. He agreed to my terms. When '^P saw the' horse I told him it would not stand the season^ . He said that was all rot. He told me ( tp, take the horse and I would do a good' season, 'he kne^ Nothing further was Baid about an agreement. On one occasion I said to- Mr. Etching I wanted some money. He gaye I 'ma a cheque for £30, and said he would make up the rest when he had time. This was on the 4th February, I think. It is the same cheque T spoke of before. The expenses of the entire were paid by me and incurred in my. Qwn name. I took no receipts. I paid ready money. Horse was bad for 3 weeks. . I have a good memory, and remember all the.se things clearly. The documents produced are, I think, in my wife's hand writing. I supplied, to Mr. Etching 640 bushels oats ; 525 were price of colt I purchased from him. All the oats I have' supplied him this year is ' 18 bushels. Swear positively Mr. Xitching agreed to give me those sheep in settlement about; the Jborse account: This was about 18 months ago. There was a shearing since then. ' I sent the wool to Mr. Etching, as he said that he could sell it for me. If he takes the sheep away, I will charge him for their grass. The reason I think he may take them is that he has told people they are not mine. I considered I could do as I liked with the sheep. Etching said he would get the wool scoured, done up, and sell it for me. (Paper A put in, dated 7th March, 1874, shows no oredit far £30 oheque. Book put in shows following entry :— Debit, £47 12s. 9d. ; Feb. 4, by cash, £30; 60 cornsacks, £4 10s.; balance of account, £22 12s. 9d.) Mr. Etching did not sell the entire to me. Nothing was ever said about selling the entire to me. [ I advertised the horse and paid for it myself. Had I not done so I should never have a mare. The card produced refers to the entire. It was called Young Blaize. Paddook referred to is one of my own. Mr. Etching said if I had more mares than I had room for I might put them on the run. It was to his interest to let them run there. . .There was no provision that I was to get paid for use of my paddock. Served only one mare. . None came to my paddook. Mr. Etching made no arrangement with me about ' the use of my paddock, , I told Mrs. M'Carthy to make out' an acknowledgment for £30 in favor of Mr. Etching. She did so immediately after cheque was given. She made out /a receipt, and Mr. Etching pub on a stamp.' She signed it. No document was read out to me before the receipt was given. Mr. .Etching and I had several- glasses of ■ grog together. He asked me if I had not offered my place for sale. This was on a Sunday. . Nothing mare was said about the sale of my place then. He spoke about it before in walking over my paddock. He said if I sold he would like to get my place to build a large corn store on. I never told anyone after this that I had sold my place to Mr. Etching, and would contradict anyone who said so. I afterwards agreed with Dick Lancaster. tp t thresh my oats. Agreed with him on the day I got cheque. In the evening I did ndt' agree. 'with him, but I did after- - wards. '• Lancaster put in an account for 120 bushels more than there were. I refused to Gy it*- He said he would pull me for it. I ye heard that Mr. Etching has paid Lancaster in mf name. He-examined by Mr. M'Coy — Had no agreement , with, Mr. Lancaster as to price. I was to pay .the same as others. Always paid sd. » bushed ' The £16 or £17 was, all spent in drinks and expenses with horse. About £8 was spent in drinks. Horse was in my own viable about five weeks. When I vent to Teviot it ,coet.2s., or, 3s. Had agreement with Mr. Etching to tak»the»h*ep in settlement for all matters in connection with the horse. The sheep were delivered to me upon that Agreement. Have a small threshing machine. Emily M'Carthy, wife of plaintiff, examined by Mr. M'Coy — I keep my husband's books. The , accounts with Mr. Etching are all in my handwriting. My husband told me what -entries totnako, and I entered a» he told me. My. husband travelled with an. entire of Mr. Etching's.'. Heard Mr. Etching ask my /husband two or three times what terms he would ask, tp travel with the horse. I bought ' -eggs for- the, horse and gave them to his men. I sent him a bill for the eggs once (marked P.) ,Haye seen him since, and he never disputed it. , I., put the entry "by cosh, £30," when h.e ; paid "the cheque. y7tjtii^m,,'W'augli — Have had some ex'perie^ce in. travelling with entires. Think , M(Caj?ijhy vB.v 8. estimate of expenses which I heard jquite.'M^sonabre. " Shouting-" is usual when travelling with an entire, but not necessary. Feed of entires is /more expensive than that of •vther horses. A fair charge for feeding would 'be 255. a week. • Cfoja-examined — What were you to give lor th* .place? Objected to and not allowed. Archibald M'Phereon, stockman in the .employment of Mr* Etching — Have sometimes got goods for Mr. Etching from Mr. McCarthy without any written order. For,£he.defence, Mr* Mouat said that most of 'the'itemsfor goods sold and delivered were admitted He called , Alexander Grant, book-keeper at Mr. Xitching's station — The price for the service t«f . Ivsnhoe ima £5 6*., exclusive of groom's fee, iftade oat bill fer M'Carthy oa that 'bfjAt. ',' JolmFry Btcfc&«, manager of MoaFUt Station.— l,^fev|W giving M'Carthy cheque fpr^&O. .. ,1 bqjigkt hia plae* and all oa it for JB^OOi aridepaid a cheque for £30— the same |»rod*ced,j)y the plaintiff to-day. ' mW Mouat "here stated there was a case -"pBS<Eng~in the Supreme Court between the . -tani .parties to enforce the sale, and requested '- ari'iftdjoumment of this case for one month,, to apply to the Supreme *©6tu#t^?e i ißpyJ!,the case there. . --Ad^ourruaeiit granted. ,