R.M. COURT.

Wairarapa Daily Times, Volume 6, Issue 1690, 20 May 1884, Page 2

R.M. COURT.

MABTERTON.-MONDAY.

Before H, S. Wardell, Esq., R,M

(Continued from oiirlast.) ,

Morison v Montgomery. Debt of £23 4s. Mr Fitzherbert for plaintiff, and Mr Beard for defendant.,

Walter Morispn, farmer, Manain, deposed that lust year he sold a property, to Montgomery, and arranged to plough it at 15s an acre, The arrangement was a verbal one. He did thework to the satisfaction of defendant, who never disputed the correctness of the account. Another item was -cost of sowing machine, a shilling per acre, 'and a third for two bushels of seed supplied by himself. There was alsb an item for firewood. (To Mr Beard), He first made the offer to do the work of ploughing, sowing, &c, in. writing, at sixteen shillings per acre. This offer was declined. He afterwards agreed to do the same thing at fifteen shillings per acre, Montgomery agreed to pay the cost of the sowing machine as an extra. Kavenagh was not present when the latter arrangement was .made,' Not a word was said about the number of times the land was to be harrowed; it was to be raked once. He harrowed the lee land three'times and the loose land he harrowed once. There were forty-two , acres iii ;the section, about nine of which were lee ground. He could not remember whether he harrowed the rest of the land more than once. Where it wanted it he harrowed it a second time. Once harrowing was sufficient where the seed was sown with a machine. The land had been cropped ten or eleven times before. He had previously got ninety bushels to the acre off the land, He advised him to put turnips in, The light crop was not owing to the seed not being properly harrowed in. Montgomery suggested another harrowing was necessary. Witness replied that it was not, and Montgomery said then, " Never mind, let it go!" Montgomery knew nothing about farming, Witness engaged Thomas Chamberlain to roll the ground. He did not pay for rolling tlio whole of the ground. He paid for two days' rolling,' Twelve acres a day might have been done with such a roller. Rolling was only necessary in a dry season. Montgomery never complained to him about the way the rolling was done, When he sold the land to Montgomery, he did not sell him the firewood on the place. Receipt produced, ran the firewood in with the fowls, Witness used the firewood. He did not use any of the firewood which he carted for him.: (To Mr Fitzherbert). Witness had ninetytwo bushels of oats to the acre two years before he sold it to Montgomery, The crop sown.for Montgomery was better put in than any that he had previously put into the same land. Montgomery got from twelve to fifteen kshelsan acre,

T. E. Chamberlain, farmer, deposed .flint he rolled about 17 acres of Mr Montgomery's land. The weather turned out wet, which prevented, the rest of the land from being rolled. :

.To Mr Beard: He did not roll some crops of his own in the neighborhood for the same reason.

To Mr Fitzherbert: He would trust Mr Morison to sow his land;' he : got about 15 bushels to the acre himself alst year, the weather being unfavorable. ■■

John Montgomery, the defendant;, called, deposed that he arranged with Mr Morison to do his 'land' at fifteen, shillings per acre, For' the lower pad-' dock.of 18 acres he agreed to pay 16s per acre, tin order that .the seed should lie drilled in. '■'•.• \ ; .-. Tq Mr Beard: Morison carted a load of firewood for him; tho firewood was not on the place when defendant went in, Defendant asked.Morison; if, the wide furrow was the usual way in which ploughing was done, ' To Mr Fitzherbert: The plaintiff burnt all the firewood there was there (about one dray load). Saw plaintiff drilling tho 16 aero paddock; also could see him at work drilling the other, and did not try to stop him. Trusted entirely to plaintiff do. Wheat went about 20 bushels and the oats 30 bushels to the acre. Plaintiff diol not do the work properly, —not as defendant liked.

The Court; Do you swear, he did not bring 3 loads of firewood 1 " Defendant; I could see there'we only two loads. James Kavanagh r said: Morisbn told defendant by letter he would plough, sow, and harrow'a certain lot of ground at 16s an acre; but something was said about drilling that-was n'ot in the letter. ' Morison agreed to give three strokes with' the harrow, \M harrow it •.three times, v. Of the la* acre paddock, plaintiff harrowed about';B acres, and left the other u'nharrowed."'-''- There was' a lot of'seed exposed..'::!^!'..:;.; ; ; •';.'_ ; . '■■[ To Mr Pitzherbert: Witness said .h| .had farmed before 'coming to : New; Zealand,- ;aiid had used harrrows and drills, but had sown no seed. Hewas not nursing a chiM when Morison was' at work. ..The paddock should produce about 25 bushels of wheat'to the acre if. worked properly, 1 and' the bats about 60 bushels.-

Aleii.." JohhstbnUaid he was a farmer . and' and ground sucli as Morison's'sliioulcl be harrowed s tiniesi it should also be rolled, ! AtMcli would • benefit tlie crop, aiwlif instead of three injure the crop, The^rt;;'Ki^ecesßary.'to roll to insurVa; crop;-v : - ..■' & ,J - •■■-■■■

V;. Yes, a good crop.,- l( Ho also thought it.better to use the harrow n three times,

' His Worship considered the plaintiff was entitle*! to recover on the ploughing;;, th'erother items 'in v the claim. be- struck; out. A sum of 18s would; bejallpwed'forthe driDin". Judgment'for £2olßs and costs. .'Mori'tgomeiy-v.Morison.-Claiiri £lB ■6s Bd. Mr .Beard for plaintiff, and Mr Fitzherbert'fordefendant. ■■' ■;' :

; : John Montg6mery' ! deposed that hepurchased 57 sheep ffl from > defendant, 45 hoggets and;l2 ewcs, ; for£2l. The 12 to; be.: delivered on the Sunday following the purchase; They were not brought) and later Morison told him that seven of them had been worried by- dogs .'at 1: Johnston's place. From Johnston he ascertained that the sheep hadj, been-spld td Mr ElkinS. Hes'poke to Morispn about the ewes, 1 and lie said he' would allow a pound .for them,J)ut that he would have to make this Tout of Johnston. '. *■-'■ ■ : To Mr-Fitzherbei'fcr 57 sheep at £2l wbuld'coine to about 7s 5d each. He believed 'j^,Morison; wanted to get out of the bargain'he had made, in ; order- to get a belter price for the-sheepj..'.:;.He did nob know, i that Mprjson was willing to give him twelve other sheep to replace them. Morison offered to 'give him-, a pound for the sheep to sweeten' him up for the ploughing;.As to -a charge of £4 7s 6d for grazing horses, W, Morison did:. not; tell him that; the horses belonged to Macara; He would not swear that. Morison agreed to pay week, for each of the three horse's.-' He'did'hot know it was the custom to charge one shilling a head for a''mare' running with a foal, The, horses.fed .on- the river bed. (To the Court)'.' .Morison did not tell him the horses belonged. ; to Macara,.that they were not to be paid for, or that .they.: would bo .taken away whenever witness wanted them removed. ■

James Macara called deposed that he remembered having a-mare and foal running -on; the river bed, and that Morison \had, charge of the horses, Tho mare had been- running, there on and off for four or five years. .- Mr Fitzherbert said that before calling on'the case of Morison v Johnson, he. would ask for judgment in this case. "...'

Mr Beard'asked to have the case Morison v Johnston heard first, as it would make a considerable difference to his case.'

The Court intimated that ic would be better to hear the case of Morison v Johnston first before giving judgment, . Judgment was given later for £l2 5s and costs £4 ss. ■;

Morison vJolinston Bros. Claim for twelve sheep;valued at 12s each. Mr Fitzberbert for plaintiff. Mr Bunny, for defendant,, ; ''W.'Morison, called, said he asked Johnson whatlie charged for twelve of his ewes, and! Johnson said at butchers' prices;/ r eight shillings each Plaintiff gave an order for twelve sheep to Mr Elkins from Johnson Bros and after giving tho order to Elkins, plaintiff rode down to Koberfc Johnston and told him if Elkins wanted any sheep to let,him have them, as Elkins was very pleased with soma of the sort he had before. Plaintiff said to Eobt. Johnston, "can you let me have twelve sheep' for Montgomery arid twelve for Elkins f. Johnston said, "Oh, yes I' 1 Elkins had : his sheep delivered, and plaintiff saw. Alex. Johnston about the others for Montgomery, and Alex. Johnston said Treally have not got them to spare. Plaintiff said'what shall Ido for Montgomery'l Alex. Johnston said tell him the dogs have got among (hem and worried'the sheep. (Gross examined by Mr Bunny). He had always dealt with Alex. Johnston, Elkins had' bought some sheep at the auction sale in December, and they formerly .belonged to Johnston Bros. Elkins liked them, and asked ; Morison to obtain" some more (twelve) from the Johnslon : Bros,- Witness then gave the order'to Elkins for the twelve sheep; Witness'audioEobfc. Johnston : ••" can.ydu jet me have twelve sheep for Elkins and twelve, for Montgomery," and€obVJ6hnstpn'said, "Oh, yes,l Witness raid he would' not' !r waiit any money unless" -.it;, was .-/required from' him in'the oase';6f*M6ntgdmery v Morison. but really, it, .was in; consequence of the he brought the action, Witness', did not tell' Alex. hia" flocki'-*-feo that he could supply Montgomery, . ,^ : '' ; ) Alexander Johnston, one of the de- ; ■ fendahH|^'b!e|)osed;^e/received 10s 6d I'eacti .fvffiii; ; Mr JlkinsJor: 12 sheep, which were not culls. When Morison saw' hiW :i b6.agreed; to let him have the 10 or 12'sheep''at market prices, but no special rate "was named;. Elkins came for 1 the sheep the following day, and he (defendant) was paid by Elkins (Mdrisbh-giviiig the order), The reason ha .deferred 'the delivery of Montgomery's sheep was because there had been no .price. fixed, He (defendant) was paid by Elkins (from Morison's order) on April '2lst, . ThejCour'trHadyoujlieard nothing fronr Morison.i imtil., you delivered Elkins 1 sheep j.' No. ■'■^■'i-- : - ;■,-:>'

, Mr Bunny, (continued): Has Mr Morison cyor. applied for sheep tliat ho ■had.sold.to Mr Montgomery 1 •'. > -No.. Morrison:never came to his (defendant's) ground and asked him to send: the .sheepfor Montgomery. -,- Alex. Johnston,' continued/ said he : had ne.ver told ilorison about, the dogs' "MrFllaherberfc: Do you remember :Buchanaji'SJsale)j yi-^j;. : ;.:■ ■"' -' 'tW"itnVss :;7IT^E(. s " r '!'■;■ ''• .;- ■ ~ ;•■'. brother •■■'■■■ l donVknowr !-•- :'■ ■•; '': i '-., :a'•■

•■■' K6bt;;J^ton^c'aliedj v 'said lie had ; with the plaintiff, : and he never intended to. hm He "remembered Morison

cotaing'fco his house ancl asking him if ,he had aaotlief 12 sHoep to spare, and he (Robt. Johnston) saidhe Lad none others to spare.; '■■ '.".■'■■";"■■• To; 31r Mtzhevberfc: he' had tlio chance to. make' a good deal : ,out of. the sheep he would'riot part .with them. He left tlie sheep Jo his brother* dealing in tho catfclo|aiid horsesThiniSelf, ""V"v'/-;;-Ki(i.. <■:.. )(j Mr Fitzherbert;; What is theiize of your.flock? ~: V ..' .:.■■■?£'■[... ;,'-..

Witness: Some large and sorao small."'(Laughter). Though it-was fourteen mouths ago, lie had not forgotten what had passed between s him and (he plaintiff,., as:he had/agood memory. Morison asked him if he could obtain 12 ; other sheep, and he (Robert Johnston), said \i so it would be a different ear-mark. 3l; ■ \'•/ ! A, Elkins, called, said ne met Mr I Movison either in the hotel or outside,, and he asked hiin how the sheep, were, ! also if he had any more, to! which plaintiff replied he could let Win have; ,12 at market price, and Morison gave; him an order on Johnson for, 12 sljeep,.' and he. (witness) got the sheep jtwo days afterwards,. Thero was no mention between him and Johnston as to price, but he paid Johnson for-the, sheep, after receiving an order froin Morison. •■.■:'

. Cross-examined : Said, he would rather have the. sheep at once, to put them with the rest of his flock.

His Worship ; then ■ gave judgment for 'defendants with costs, and stated that the plaintiff's evidence did not weigh with that of the defendants; and it was clear that the plaintiff had told a lie in the business transaction, and a man. who told lies in business might bo doubted when he was giving evidence • in .a witness box;; also there was_ no doubt that tho sheep he sold to Elkins were those he should have sent to Montgomery. A VICTIM, - : - ; '] Jens Peter Petersen; a Scandinavia n stepped into the box as defendant in a claim for debt, M- 6s Gd, W. L. Dorset. 'Mr Bunny appeared for the plaintiff." \ '

The Court: Do you owe the money 1 ! Defendant: Yes! __ • ! The Court:' Judgment, for;amount and costs!—27s. 1 : : ' ■ - ; ' • !

Mr Bunny: I,'must asMfor-Mk Dorset's expensespyour Worship,,'wl]o has come down from the couiitryas la witness. .-' ;;. : ,-■•""■■''

Tlie Court asked Petersen why, if he. did not dispute the claim, lie did not tell tlio plaintiff so when lie- received the summons?

. Defendant looked as if he were.endeavoring to translate a volume of wrongs into English.

The Bailiff that Peterson, had engaged counsel to defend his case but his lawyer was not present. . • The Court: What is his defence?

The Bailiff: A set-off for a larger amount.

The Court: Whero are the particulars of it? • ,

Defendant: "I gave them to old Skipper." The Court: I must allow the expenses, and you must bring your claim, when you are prepared with'id l }< :i ■' | ..•