R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 3003, 14 September 1888, Page 2

R.M. COURT.

MASTERTON-THUBSDAY.

Before S, Von Stunner, R.M.) A. .Grant v. A, Cookburn.—Claim £ll 8s for grazing. Mr Beard for plaintiff, Mr Bunny for delendant,,

John Grant, manager for A. Grant ' at Bannockburn, Tupurupuru, gave ■• , evidence as to defendant writing Jo ... him with reference 4o the ; Bale of several horses belonging to him, and run> ' s ' ning on tho land of plaintiff. He had a conversation' with Mr Falloon in Masterton shortly after he took; over over the management of the property in May, 1887, when he told ■ Falloon ':,. to'.'remove the horses, Falloon. said he could not takethe horses away thon "; as he had no place to graoe them. No arrangement on that occasion ; was' made as to charge for grazing, [■ "The' horses remained on the property from '<fc 10th May, 1887, till 29th. February, ™ 1888.; There were six horses running on the land, at agrazing charge of Is per head per week;,' Last January Mr • Cookbum came to.Tupurupuru*in v oonipauy with Messrs Buick and T.. • ] Chamberlain '-, to ; ;'nee '■- tho'' horses," Defendant then promised to pay'the amount owing both before and after plaintiff took possession. Since then ,'- he rcceivedanote from Mr Cookbum, asking him to tako the horns to Mas- •. terton, which'tiedid. Defendant'also ■ . promised to place the amounts owing ' for grass to his oredit in the Bank at Masterton. About, a fortnight after this ho.saw defendant at Folloons. He went there to try and get a settlement as Mr Cockburn had not' ' kept his promise to pay the amount \ to hi 3 credit-at the bank, Mr dock' burn then said Mr Falloon would' settle with him, but he refused torecognise him in the. matter, and • replied that as tho horses were now in defendant's possession ho- took ■'■ advantago of him. His present claim was based onmoniesowing forgrazeing since Mr A, Grant gave over the propcrt'v to his uncle,' By Mr Bunny: His .uncle, who owns tho property, lives in Hawkes Bay, The -plaiatiflf in this caso is witness' brother. Prior to .his uncle taking over Bannockburn property his brother had leased it from his mo',her. He was at present in oharge as manager, for his uncle, and had been working on the property, off and on, the greater part of his life. The first arrangement made with Mr Cockburn was by his brother Mr Adam Grant, Shortly after- witness was made manager he asked Mr Falloon to take the horses, away, but Mr Cotter asked to allow them to remain ,The horses wore running in paddocks the whole of the lime tbey were in his charge. One of the horses was lent for a day or two to Mr Joseph Renall, and three of them were used ojoasionatly by witness for ploughing. The horses wero kept in good condition, but the one lent to Mr Senall bad its shoulder slightly scalded. Mr Cockburn complained that the horses, were not properly treated. Did not . remember offering to buy any of the horses, but defendant offered to sell them to him at £l2 per head. Permission was given to work the horses ■ ■ on several occasions by Mr Falloon. Was appointed manager by his uncle ■: about twelve months prior to Adam Grant failing. Mentioned to defendant that tho charge for grazing would amount to between £lB and £2O. Attho time of Messrs Cockburn, Buick , and Chamberlains' visit only horse was being worked. In roply to Mr Beard, witness stated that the horses, wero never worked until peiroission was given for him to do so by Mr Falloon, When the horses were handed over to Mr. Cookbum thoy were, with one exception, iu better condition than when first sent to the station. .Messrs Buick and Chamberlain were' not present when he and defendant had the conversation with roferouco to the .horses.

In answer to His Worship, plaintiff said Mr Renall did not pay for the use of the horse lent, nor did be ute more than two horses, He denied offering to buy the black horse from Falloon for £l6. ;: • ; This closed the case for Ihe plaintiff.' ; For the defence, Mr Fenry. Falloon who acted as agent for defendant was called,: He stated that ;6n behalf of Mr Cockbum, ho made arrangements to graze six horses with Adam Sutherland Grant in March or April, 1887. This arrangement\W made in Masterton, butno fixed chargD was made, the plaintiff merely statinehewouldgraze them all at .the isame; 'pnce'chßrgei.b^otherlpeo^ie.f ; .vWil-' ness told him that defendantgeiierally. pl.aiiitiff replKd'thatVas alrizii feM

;;>^So-Mid Mr. Cqckburu would nut : " fall pucover the price. This was the r-:•:; only arrangomont over nude 'and the ■ ; hbrseawere Accordingly sent ovor to ;;••: \: Grant's; Saw John Grant four or five yi llionths after tbia and in reply to in- .,-■ guinea was told the horses were lookV« ingvory well, Witness then told 5;; ihinufhelmd any light jobs to do •' alwptlio farm ho could uso tho horses ;,.ior'limt purpose if ho took euro of ;■ '.tlionv When the horses were ,-;' returned one of thorn hud li.is ''," shoulders in a very bad state. Hoard a conversation take place >_' between John Grant and defendant t. but no price was mentioned. At that fy time Gockburu alluded to tho bad ■ state the horse was in. Grant then :' spoko very highly of tho lior.su and said ho would not mind giving £ls for him if ho had the money, but if defendant liked he would come in three or four weeks nnd purchase the horse, Grant admitted working three of tho horses, « Witness was further oxamincd by r Beard but nothing of importance was elicited,* T. E. Chamberlain gave evidence as to the horses being in good paddocks when he saw them with Messrs! Chamberlain and Buick, at Tupurupuru. Ho considered £1 to 80s a reasonable charge per horsoper annum ,dftcr the evidence of defendant, wlftch was taken at Christclmrcli, under the Resident Magistrate's Act, 1870, had been read, judgment was! given for plaintiff for £9, and costs I £2 2a. I

EwingtonandSonv. B. Budden. -Olaim £lB lis. Mr Bunny for plaintiff, Mr Beard for defendant. £Blßs, and 18s Gd costs was paid into Court, and was accepted as settlement in full. Donald Donald v. C. Ankotoll. Claim, £25 Is, rent nnd hire of a team of horses. Mr Beard for plaintiff, Mr Skipper for defendant. Judgment for amount claimed, with costs, £B 14s. Harcourt & Co. v. Casolberg & Co. Claim £96 for rent of Owen's shop and premises. Mr Beard for plain,.tfeMr Bunny for defendant. After •'CSnsiderablo evidence had been taken judgmont was reserved till Tuesday, the 18th inst. at 10 a.m, TUESDAY, SEPTEMBER 14th. iuo case of J. Hessey v. S, W. Donovan, which was to have come on for hearing this morning was adjourned on tbo application of the defendant until Monday next. Gravo fears aro entertained about tho Bchoonor Mimiha (Captain Sinclair), which left Lyttelton inbalast last Thursday week to load timber at Havelock, and has not been heard of since Tho Clematis left the same port only a few hours boforo the missing vessel, running through tho straits with very dirty weather, and while at the mouth of Folorus {Sound sho expected to see tbo Mimiha show up ovory hour, It is now considered almost cortain that she must havo capsized during tho first-night out from Lyttelton.