MAGISTRATE'S COURT.

Wairarapa Age, Volume XXX, Issue 8529, 7 September 1907, Page 7

MAGISTRATE'S COURT.

MAITERTON—FRIDAY.

(Before Mr W. P. Jame?, S.M.)

Coradine and Whittaker sued James Thos. Yeo for the recovery of £4O, I eing £3O the value of a horse and £. 0 da nages for detention. Mr C. A. Pownall, in outlining the cae for the plaintiffs/ said that defendant agreed to take over one cf the Dlaii tiffs' mills at Mount Bruce, and rcn it as their bailee and receive certain prices for the limber cut". The mill was handed over to defendant with the plant all in good running order, and the agreement was to keep it in good running order until the expiry of the contract. When the defendant took N over the mill there were four hordes handed over to him, together with all the plant and machinery. Subsequently the plaintiffs supplied a fifth horse and paid for it themselves. They charged defendant with the amount paid for the horse, though no money ever passed between the parties, and, as a matter of fact, the horse had never yet been paid for. When defendant gave up the mill lie took away the horse in question and part of the plant. The plant had since been returned, but the horse had not been. Counsel contended that if defendant, 'as bailee, had the right to remove the horse, when he terminated the contract, he had also every right to remove all and every particle of ihe plant. Mr P. L. Rollings, who appealed for the defendant, produced an account showing that the defendant had been debited with the cost of the horse, and had had the amount deducted from the price he was paid for the timber. The Magistrate, after considering the evidence, non-suited the plaintiffs. Four natives, named Te Ohonga 1 Paraone, Kemini Witinitara, Piki Manihera, and Moana Peneamaene, were sued by Hugh Rea for the re cove-y of various sums for goods sold. The natives, through an interpreter, Moana Paratene, gave a general denial of having contracted the debts. Mr James non suited plaintiff in the cases against Witinitara, Manihera and Peneamaene. and gave judgment for £4 against Paraone. Mr C. A. Pownall appeared for each of the defendants.