Magistrate's Court.

Waimate Daily Advertiser, Volume III, Issue 104, 5 February 1901, Page 2

Magistrate's Court.

THURSDAY, JANUARY 31. (Before Captain Wray, S.M.) CIVII, CASES. H. W. Dunn v. W. Quinn. Claim £4. 10s. Mr Clement appeared for plaintiff, and Mr Hamilton for defendant.

Mr Clement said that Dunn purchased a property from defendant at Hook, the purchasing money to be paid on completion of transfer. "The tenant of defendant was to leave and immediate possession given. The purchase money was paid on November 3, but the tenant did not leave till January 4. He claimed £4 10s ae compensation. H. W. Dunn corroborated this. One sash of a window was broken after ho bought the house. Cross-examined by Mr Quinn : Wa3 not told before the sale that defendant could not turn the tenant and his chiU? dren out till the defendant had built a house for them. He had heen offered the purchase money back. W. Quinn, the d 'ejdaot, said he allowed the tenant (Moßratney) to stay in the house until he (Quinn) could build a house for him. Was receiving 2s 6d per week for the house and two acres. The adjoining land could not be leasod for more than 3-s p« f.cre. Had put on three eavpsntotd to build. J, Meßratnc-y said he leased the property in dispute fos 2s 6d.pex week. The Mugiatrate said he iiouid not go bfchind the agrftemwt triads, by Mr Qoina, to give imtaediate possesion • ou receipt o£ purchase Maouey. Hs-i> would assess loss at $453, judgment -fisr^> ■■ that nr/iount being given: ." .'il O'Connor v; Wp ~ £69 4'a 2d." for the plaintiff, &n-& Mr Hamilton for de* fondant.

Mr CieiaMit• stated thnt plfiintitf ee'd defendant 455 bags of wheat at 2s 2sd, to be delivered at Studholme ; defendant wished the rest to be delivered at Makikihi, which was done. Defendant refused to pay a balance of JE69 4s 2d due. ' ■ '':'■■'•

.'.. 3. O'Connor deposed to making a bargain for the sale -of wheat in' November. Was to deliver about 500 sacks at Sfcudbolme at 2s 2£d per bushel. Delivered 166 sacks at 6tudho]me,Vaen a fire occurred at the store, and Mr Quinn 'instructed him to send the ra*i to his siding at Makikihi. Delivered 290 sacks, as directed, Beoeived JEIOO -on and afterwards £io, and settlement of a contra account fox £24. Defendant refused further pay* menjs as he had not received the wheat. There was no specific agreement as to quality. ,No damaged wheat was to be sent. Ho oats were to be mixed, with the wheat. Could not swear to the exact number of bushels sent. Mr Quinn did not give him credit for the wheat lost at the fire. Had helped to remove the wheat at the fire at the store; butonly,to assjjsi Mr Quinn. H. E. Mann, Stndholme, said he was "present at .the store when the bargain was '-made. 'Che price was 2s„ 2Jd.per bushel, T>ut he did not yememberwefquaiitityj' \ ' . i> • .'Patok fflwmS* ©up **▼*&§<» - to

JHok delivery at the shed. After the 4E he assisted to deliver 290 sacks at lie railway store at Mokikjln. The the-store passed all tne 9Eks delivered there, and the others iEre of trie same quality. A few bags

i been cull by mice, and sown up. Lewis Horley, store manager for It Quinn, gave evidence that he jceived iu December 165 sacks of rheat on ins account. He sampled 'very bag. A fire occurred the day Iter delivery. He saved most of the heat, which was trucked to

tfakikihi. j. W. Turner, stationmaster at jtudholme, remembered Mr O'Connor ODiigoing five trucks of wheat to fakili'hi to Mr Qainn. The confemnent notes showed five trucks of ft sacks and one of 50. He had poeivfld no notice of any shortage from Mr Qainn. . Mr Hamilton for the defendant aid the defence was that all the bags „ e re not delivered, and many were Ufall weight. Mr Qainn had not :.-i-trl to on-v the bfj'jinoe, b : JC '. ;, u Mr <.>' ; 'o:.::\o- :■■-• ; '"■'■ < :

himself to rlx> w*'Jgbt. " l ".'j !.I:;im\ said thu ayroiiiueul; wib -,,,,,!,. Rood sound miiliu'i when', V. <>•• '-Hi The wh'jal was damp, ami of tho bags 2ribs short. Thy dusts ware torn a 1 ?' 1 ''uuiy ■n."H!'?ci._ ; j< t'io- 'yheat was in .good lwV/. d '2OO bags from trie, he .-.. •• .'VConn'T ■Ht the tire, but -in. not l' lw \f ih* -vbJat waaas thfi <?hfd ai■ >h*- . f-i« t •-,;,; •"• r ' .rv., v tb.it lb? ~...■ -at riu.c'H ?r:a •jLCMpu.njv-.'.rOi.r'. .i:n iers and otmers-re shortage ui quuhiv ■delivered,, but always promptly. 'Thomas Houlihan, employed by-Mr Qainn, gave evidence as to weighing f,o wheat off the trucks. Every bag .averaged 251bs short weight. The wheat was in good-condition, but many .of the bags were badly torn. Judgment was for plaintiff for •■amount claimed, with costs £3 12s. Gale (Mr Hamilton) v. Ellen. Claim 19s lid; and Linton (Mr Hamilton) v, Clarke, claim £5. Judgment was given for plaintiffs with costs by default In Gab (Mr Hamilton) v. Cunningham, claim 15s, the defendant pr»id-9s :6d into Court, which Mr Hamilton accepted, and agreed to a nonsuit for the remainder.

Monday, February 4th. (Bsfore Messrs W. Coltman and C. V. Clarke, J.Fs). DRUNKENNESS.

George Johnston pleaded guilty to this off.jnce. Then were tvo previous convictions against the accused, who ■was fined 10s, in default forty-eight hours imprisonment.

NO VISIBLE MHANS OF SUPPORT. The same accused was charged with having no visible means of support. Constable O'Halloran had known • the accused for fourteen mouths, in ■which time be had done iid work to witness's kuowledgo. Accused was in ■tiu> habit of associating with drunken men and was suspected of carrying liquor to prohibited porsoas. Had .Tdceived several complaints from the neighbours as to his diameter. J. Dellow said he resided near the accused, whom ho had known for a number of vears. He was constantly .d,us)k and" in the company of -prohibited persons. Had not known biiu to work during the last month. -{To accused) Did not see him breaking a horse during la3t month. The accused mrufe a sworn state■:i:ient in which he said he had earned ■■about 26s during the last month by breaking in a horse and doing odd 3 jbs. He had harvesting work to go to at the end of the week. (To i.'onstabte O'Halloran) Could not say t.'ia date on which he bioke in the horse or the time of the other work. The Bench cautioned the accused as to his mode of living and decided to give him the benefit of the doubt a 3 to bis earnings. If he came before them again he would be more severely dealt with. Oae witness's expenses, 6s, was allowed. prohibition order. On the application of his wife a prohibition order was taken out •against M. Kirby, to have effect in the "Waitaki district for twelve months.