R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2766, 5 December 1887, Page 2

R.M. COURT.

MASTERTON-MONDAY. (Before S. Yon Sturmer, R,M)^^ FOOL CHIMNEY. Blanche Riley was fined 5s and 2s coats for allowing a cbimnoy at the Institute to become foul. BREACH OF CONTRACT, -- T. A. Lyons v A. McCartney.-Claim for LIOO damages for breach of contract re entire thoroughbred horso Piscatomus. Mr Beard appeared for plaintiff „ Pownall for defendant. Mr Pownall objected to the particulars of demand as being too nm and insufficient. He contended that tho , defendant was called upon to answer indefinite claims for damages under different heads, and submitted that full \ particulars should have been filed to . onable the defonce to meet the claims. He asked the Court to strike out the present case with costs, so that fresh particulars of demand could be fitted. Mr Beard contended that the usual forms of the Court had been complied with, and that the particulars filed were . much fuller than usually supplied in such cases.

His Worship informed Mr Pownall that he would hear the caße first, but would note the objection. On the application of Mr Beard all witnesses were ordered out of court.

Mr Beard having opened the oaso Mr Pownall raised an objection that the court had no jurisdioton in the mattor as the causo of action aroso in Napier, and submitted that the case should be,tried there.

Mr Beard said that the action was for a breach of a contract that had happened in this district, and not for the timo when the contract was made.

' His Worship also promised to note this : objection. T. A. Lyons sworn said that in Sep- r ' tember last, Bering an advertisement. in the Referee, he applied to defendant re his thouroughbred horse " Piscatorioua." > Defendant offered to sell thehoraefor £350, or lease it for the season for £125. ■ Witness made an offer to lease the horse for£loowhichwasaccepted conditionally. ■ ... He went to Napier and saw defendant, who wan ted the full amount of the lease viz. £IOO in caslr Witness offered him half cash, and security tor the balance, which defendant would not accept. Previous to leaving for Napier, witness had arranged for about 25 mares for the horse and asked defendant on what terms he / was. prepared to let the horse come to Wairarapa for the season. It was ultimately arranged th?t the horse should come down in charge of defendant's groom on the following term'sWitn ess .; was to feed the horse and board and lodge J the groom for L2 per week and te .■/ receive LI for every mare put to the / horse through his influence. • ■Witness I} was authorised by defendaut to arrange for paddocks and advertising, which he did to the best advantage. The paddocks were arranged through Mr W. Lowes, to whom defendant guaranteed payment by letter. Owing to the backward Bpring, > the paddocks were not so good as he. expected, and ho got the price reduced from L4O to L3fi. The horse arrived in Masterton on September 11, in cWge of B. Cave, the defendant's uroomjvand witness went round and interviewed? the t! horse owrers in the district, got sixty mares for service, The horse was at witnesses place until October loth, when the groom—Cave—informed witness that he was going to take the horse away, as the paddocks wero too far .way and tho rents too hisjh, and he stated that lie was going to take hin^j££^ —- Te Ore Ore. Witness wired defendant, and asked tho reason whyTio had taken the horse away, and threatened that he would get another horse into the district, if he persisted is removing ' Piscatorious'; notwithstanding this, the horse was removed. Witness ppont considerable time in riding rouud to get owners to put mares to the horse, and also in bringing mares from Carterton and other places. He considered that if Mr McCartney had kept to his arrangement he would have netted about £BO, during tho season. He lost about 12s a week through the horse and man being ' taken away from his place, (Left Sitting.)