MAGISTRATE'S COURT.

Wairarapa Age, Volume XXXI, Issue 9138, 10 July 1908, Page 7

MAGISTRATE'S COURT.

(Before Mr W. P. James, S.M.)

A civil sitting of the Magistrata's Court was held in Masterton yesterday morning,'before Mr W. P. James, S.M. Judgment was given for plaintiffs fby default in the following cases:— :Pinhey Bros. v. Frank O'Connor, •claim £2 18s, costs 18s; Hoar and JPermain v. J. Jones, claim £1 5s Bd, -J. Blisset, claim £4 14s 3d, costs 10s; Edmund Loir v. Fred Barley, claim .£ti 15s y costs £1 3s 6d; Masterton Borough Council v. Turner and Turner, claim £23 Is 7d, costs .£1 3a; Chamberlain and Sons v. W. Hounslow, claim 12s 2d, costs -ss; Donald and Sons v. G. Woody, •claim 16s (judgment for 5s costs);! Abraham and Williams v. C. H. •Gavfer, claim £94 Is Id, costs .£4"lßs. A judgment summons case, .J. C. Ewington v. Horace Reynolds ■was heard, the amount of the debt being £26 4s. Defendant did not -%am>e-ar and was ordered to pay forthwith, in default 26 days' imprisonment, order to be suspended for one omonth. Margaret Lett (Mr P..L. Hollings) . sued Charles Mclntyer, of Wellington (MrC. A. Pownall) for £l4 17s 6d costs incurred in connection with a case to have been heard before the District Court, in which plaintiff ;sued defendant for libel, and which was abandoned on plaintiff apologising and having, it wa3 set up, . agreed to pay the costs. Counsel for contended that only a proportion .of the oost9 was agreed to be paid by his client, and further argued that items in the claim were unreasonably high. The evidence of two witnesses was taken, and His Worship considered the claim perfectly reasonable, entering judgment for the amount of claim, with £2 6s Ogilvy and Sons (Mr T. Neave) . sued T. Brown, farmer (Mr C. A. -Pownall), for £34, value of a horse. In this case the plaintiffs set up that the "horse, the subject of the . action, was agreed to be purchased by defendant if, after one week's trial, lie was satisfied with it It was alleged that defendant kept the ahorse for seven weeks and tnen returned it, or desired to return it, in •very poor condition indeed, after •having received it in the best of condition. David Ogilvy deposed to defendant U'aking over the horse on trinl in good condition. Defendant met witness ;a few days after and expressed satisfaction vvitli the horse, but asked, and was given, a few days' iurther trial of the animal to test it in hill work. Witness said the horse was ■a3 "poor as a rake" when it was sent to Miller's stables for witness to receive back. Witness was positive that oi;l.v a week's trit.l was to be given. By Mr Pownall: The horse was purchased by plaintiffs for £2O a month prior to the intended sale \to defendant, and took first prize as a weight carrying hack at the -Masterton Show. J. Ogilvy also gave evidence as to the contract, and W. Gillespie, J. Curry, R. Hole, and J. Pinhey gave '•evidence as to the custom of horsedealers in allowing purchasers a time for trial/^fra horse, each deposing that a wMc was ample time to allow for a fair trial of a horse's abilitiesMr Pownall, in outlining the case for defendant, said that the egreement entered into was that defendant could have as long a trial of the horse as he considered necessary. This was treasonable in the circumstances, as it was intended that the horse was to be used for very hilly country, and , -defendant was a very heavy man. Defendant gave evidence himself, in which he stated that the undeietanding was that he was to try the horse practically at his leisure. Other witnesses, about half a dozen in all, gave rebutting evidence to that submitted by plaintiff that a week was reasonable time in which to try a horse. It was abo stated that the horse was not now in such a jpoor condition. The Magistrate said he considered that plaintiff had not established sufficiently that only a week's trial was intended, but on the other hand defendant had not exercised his option of rejection within a reasonable time. Judgment was given for the amount claimed, with £8 16s costs. Mr Pownall gave notice of appeal.